D4 conundrum must be adjudicated in Court—Skelton Cline
Mr Skelton Cline gave his views during a commentary on his most recent radio programme, on March 26, 2019, where he observed the difference in interpretations of legal advice between the Governor, His Excellency, Augustus, J.U. Jaspert and HoA Speaker, Honourable Julian Willock.
No Right
The Governor in weighing in on the impasse recently said in a public statement on March 26, 2019, “I have received legal advice that has been copied to the Honourable Speaker, advising that the resignation of the Member-Elect was invalid on the basis that the Member-Elect has no constitutional right to resign prior to being sworn in.”
As such, he indicated that “at this point, I do not intend to issue a writ for a by-election.”
Honestly Speaking’s Skelton-Cline, used the occasion to observe that the situation as presented a legal conundrum, since the officials are wading in uncharted waters, more so, the “grey areas” of the Constitution of the Virgin Islands (VI).
He told listeners the VI Constitution seems to be silent on what happens between polling day and the next sitting, where the occasion is had, for the swearing in of the newly elected members, “…there is a grey area.”
Not a Member
He was adamant, the member elected during February 25, 2019, elections—Mark H. Vanterpool—is not a member of the HoA since he has not been formally sworn in.
“You cannot resign from something you are not a member of,” he said.
Addressing what he believes to be advice proffered by the Attorney General, to the Speaker and Governor, Mr Skelton Cline used the occasion to point out that based ‘presumably’ on the same advice, the two Constitutional office holders have come up with different interpretations.
He said, in such a situation, where the Executive (Governor) and Legislature (Speaker) are at loggerheads, then it is up to the third arm of government—the Judiciary—to make a determination, if needs be, at the level of the Privy Council.
He was adamant the VI is governed by a Constitution and that the Governor is not the final arbiter.
The Governor, he said, has a role, “he has now responded and played his role constitutionally, so what the Governor must do, according to the Constitution is stay in the bullpen until it’s his turn to bat again…it’s now up to the Speaker to respond.”
Privy Council
The Honestly Speaking host did use the occasion to reaffirm his belief, that Mr Vanterpool has no right to resign from the HoA, since he was never sworn in.
According to Mr Skelton Cline, “you can’t resign from something you are not a member of; you are not a member until you are sworn in…..this is exactly the conundrum that needs to be adjudicated in the court of law.”
He was adamant however, that it was clearly the member’s (Vanterpool) intention was to resign, and pointed to the public address in a video, in addition to the resignation the letters—since made public—demonstrating an intention to resign from his elected post.
He opined, too that there is legal precedent where a judgment is given in the courts, based on an individual’s intent at the time.
“In the case of law where there is a grey area and there is no immediate agreement that is why we have the judiciary, this is exactly the kind of matter that should go straight to privy council to settle matter constitutionally.”
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28 Responses to “D4 conundrum must be adjudicated in Court—Skelton Cline”
You think you talking to kids. Stick to what you expertise is, If you have one.
You need to stick to religion. You cant get in, if you are not all in. Shoot. You and willock sickening the man.
You and him about to wreck VIP. I hope wheatley, rhymer, decastro, smith, flax, Malone, and sowande realize this before its too late and get rid of you guys. This party needs to get going without the confusion that these two guys bring.
I am not a fan of Mr. Skelton and agree with some of your points, but please show your intellectual side when trying to degrade someone.
Thanks,
The Speaker and claude are taking this personal and I know that you Claude has personal issues with Mark and Myron.
Get over yourselves and let us move the country forward.
NDP is not the government. NDP lost and every day you all cannot keep their name out of you all mouth.
It shows that you all not ready to lead and it shows that your egos are to big
The D4 representative's intentions was premature, thus subsequently reneged, a right entitled to since his initial resignation was flawed (null/void) and could not have been accepted under any circumstances as clearly outline by the constitution. The representative's true intention would have been substantiated had a letter be redone wherein same was addressed to the Speaker (and after being sworn in). Forwarding a letter to the speaker even if he was not sworn in may have not created such turmoil and would have paved the way for a by-election similarly to if the member dies or for various reasons become disqualified or incapable of performing the duties of a member of the house).
However, given the fact that same was not done, I am of the view that his intention to resign can easily be questioned. Can same be attributed to the member's possible emotional state (not ruling out a temporary onset of dementia or related psychological breakdown) brought about by the humiliating defeat at the polls?
We must be mindful that an individual is at liberty to change his/her mind. Our intentions, 'Action A' at a particular moment which we may disclose to others, can be subsequently changed to 'Action B'. In the representative's case he was at liberty to do so since his initial action was null/void. In the best interest of BVI politics and maintaining an impartial and independent eye, the Speaker must offer the 'olive branch' to the D4 representative and have him immediately sworn in.
1. I wonder if Mark only changed his mind AFTER the Clerk of the House wrote to him telling him that the letter was invalid and should be properly addressed?
2. Was he even intending to represent D4 again?
3. Is it a genuine change of heart?
Imo the timing seems off as he may not have even wanted to be back in politics but pressure and being given a second chance gave him the opportunity........
I have listened and observed- I am in agreement with the in-depth perspectives of Mr. Doug Wheatley and Mr. Claude Skelton-Cline.
Allow the “Proper Democratic Process” to work correctly, the way it was intended to work, without the usual few selected influencers of the past.
Change for future prosperity is incomplete unless it passes through the crucibles of struggle and experience.
Better days to come for eventual future generations toward self-determination.
And for those who think, bloggers with interruptive-perspectives to the status-quo should not contribute.- We love you to, because we know the worst kinds of human beings are those who do not know themselves, their worth, and their innate capabilities to determine their destinies. LOVE OVA EVIL EVERYDAY.
The quagmire we find ourselves facing today is that-
big mart put himself on a noose and Luce is on the loose, ready and able to serve we the unerserved people of the 4D.
Mehson Claude, go siddung!
Let's move this country forward from chatting piss that not feasible, financially sensible or worth the people of the 4th laying in wait while this is resolved.
VIP NEEDS to distance themselves from this character deman! He aint talking a lick of sense and only making them look like a poppyshow.
We have so many issues facing the country right now. Taking on a court case, which could take years to decide, just does not seem sensible, especially when its not a deal breaker to form the government. The VIP already is the government, no threat there.
Spreading the at-large representative's time and efforts thin on this is a waste of everyone's time. Let's just get on with the people's business and try to work through what's best for us as it pertains to both local and international matters.
We no fo fo...by-election we want. “Forward Ever, Backwards Never.”