Hon Fraser cites 'fear' in HoA failing to reprimand Governor
During the debate stage of the motion at yesterday's Friday, June 5, 2020, sitting of the House, Hon Fraser defending it said, "This is a legitimate motion, the law stands, and we need as members of this House of Assembly to hold people accountable to the Law."
"If we don't we would have failed our people, and failed them why? Because we are afraid of who the actions is directed against," Hon Fraser said noting that the person holding the Governor's seat is not above the law.
Violation of stipulations in Audit Act
The motion was moved on May 28, 2020, and seconded by Opposition Member Hon Melvin M. Turnbull (R2), however, at Wednesday's May 3, 2020, HoA sitting, it was agreed that any debates will be delayed until the House was certain that it was on 'solid constitutional grounds' to deal with the subject.
In essence, the motion was against the Head of the Executive Branch, Governor Jaspert, and his alleged violation of Section 20, Subsection (2) of the Virgin Islands Audit Act 2003.
The violation was that an audit report prepared by the Auditor General on the failed BVI Airways was not tabled to the house within 3 months from the February 7, 2020, date of receipt by the Governor.
According to Hon Fraser, the actions of the Governor to hold on to the report resulting in the late tabling was due to a 'cavalier attitude' towards the HoA, tantamount to obstruction of the work of the Legislative.
Motion can be debated - Speaker Willock
Speaker of the HoA, Hon Julian Willock moved ahead with the debates at Friday's sitting after determining; based on two legal opinions and the opinion of the Attorney General, that the HoA was certain it had jurisdiction to debate the motion.
Speaker Willock in his summary of opinions from two independent legal minds said:
- This Honourable House is sovereign, as a co-equal branch of government and has the legal and constitutional rights to question the actions of the Governor;
- The House of Assembly can debate a motion to reprimand the Governor for his reported violation of the Audit Act;
- This House of Assembly has the standing, via our Constitution, the Standing Orders and in Erskine May to debate a motion seeking to make our position clear of violations by the Governor of the laws of the Virgin Islands, resulting in the obstructing of the duties of the House of Assembly.
Hon Willock also noted that while the Chamber did not have the authority to remove the Governor from office; if the Motion carries, the next step will be for the Speaker, in consultation with the Premier, to convey to the Foreign and Commonwealth Office the position of the HoA on the Governor’s alleged violation.
The Attorney General, Hon Baba F. Aziz also pointed out that to obstruct the work of the Legislative Council, a person would be guilty of an offence, however, must still be afforded a fair hearing by an independent court in accordance with the VI constitution.
Motion goes to vote
Following the debates, it was requested by Premier and Minister of Finance, Hon Andrew A. Fahie (R1) that the motion goes for a division of the House which happened shortly before 6:00 pm on Friday evening.
With only Honourable Fraser and Minister for Education, Culture, Youth Affairs, Fisheries and Agriculture, Dr the Honourable Natalio D. Wheatley (R7) voting in favour, the motion failed 2-9 in the House.
At-Large Representative, Hon Shereen L. Flax-Charles (AL) had stepped out of the proceedings at the time of the vote as she was not well, while Fourth District Representative and Opposition Member, Hon Mark H. Vanterpool was absent.
Opposition Leader, Marlon A. Penn (R8) did not support the motion and according to Hon Fraser during the debate stage, the motion would only have failed due to fear and legislators not having the courage to stand up to the Governor.
Opposition Member, Hon Turnbull who days earlier had seconded the motion, also moved to vote against it.
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18 Responses to “Hon Fraser cites 'fear' in HoA failing to reprimand Governor”
Man,people lost their jobs,lost their apartments,loss of profit on businesses,in light of Covid-19,and instead these people come up with a stimulus parkage to help the people of the BVI,frazer in HoA talking crap about Governor.
Blame the Governor for that too..
i believe his salary and all of his " perks" are paid for by foreign office..but i may be wrong there.
what got my attention of your comments of why only black " servants" working there....seriously?. one minute all we read about on blogs is why all these white folk taking all the jobs..employ locals. can you imagine if a white work permit holder was given a job at governors house over a local person........you show me a single local family who has a white housekeeper....anyone ? ALL have black people working for them...does this mean they are racisit against white people..of course it doesnt......does this mean they are " slave masters" of course it doesnt.
i think your commebts fall into the catagory of he's damned if he does and hes damned if he doesnt.
just saying and i mean no disrespect what ever your " colour"