Is this a case of Police victimisation of its own?
While both controversial Governor McClearey and Acting Commissioner of Police Mr. Morris, both close allies, have stated publicly that they always exercise fairness in their decision making and race is never a factor; sources within the Royal Virgin Islands Police Force (RVIPF) are again questioning their public utterance and action.
How it all started
The two officers, Mr Leonard Fahie of Lambert Estate and Mr Hendrickson Williams of Spooner's Estate, filed a challenge in the High Court to contest that the Governor has no power to make a delegation of power regulation, which now gives the Acting Police Commissioner more power than the Governor and the Police Service Commission.
The police officers are contenting that their rights under section 12 of the Virgin Islands Constitution Order of 2007 have been and are being breached and accuse David Morris of acting ultra vires to section 97 of the VI Constitution.
In addition, Police Officers Fahie and Williams are claiming that any and all things done and actions taken or directed in pursuance of the 2012 Regulations, including the making of the RVIPF promotion policy in April 2012 are in consequence ultra virus of the Constitution and therefore should be null, void and of no effect.
The matter was filed in the High Court on November 15, 2012. The first hearing of the claim was heard by High Court Judge Vicki Ann Ellis in chamber on December 13, 2012. The matter will be called again sometime in March 2013.
Are the two officers being victimized by Morris?
According to sources within the RVIPF, Mr Fahie has allegedly been transferred to duties of answering telephones while Mr Williams is reportedly being transferred to Jost Van Dyke to commence duty from this Saturday February 23, 2013.
According to a senior RVIPF police officer who came forward to speak to this news site, “the case of Williams’ transfer is a strange and suspicious once since the same officer worked on Jost Van Dyke for almost a year between 2008 and 2009….usually when a married officer worked off-island on a tour of duty he is not sent back to that island very soon since the force would identify another sergeant who has never worked on the other islands to take up post there. But out of all the seventy or more sergeants in the force they chose to send Mr Williams to Jost Van Dyke again…you form your own conclusion!”
Most of the officers who are aware of this decision are viewing it as a retaliation by Mr. Morris and his cronies since Sgt. Williams has been assisting junior officers to understand their rights under the Virgin Islands Constitution and under the Police Act, “but Morris and the UK Officers don’t like the idea that Williams is being called the constitutional lawyer in the force, so to get him away from the officers, he is being sent to Jost Van Dyke again within 4 years. Dictatorship is overpowering the Police Force...” the source said with conviction to Virgin Islands News Online.
Two senior police officers speculated that this move by senior management of the RVIPF to allegedly victimise Mr Fahie and Mr Williams is being done to also discourage any officer from pursuing similar court actions as the two officers have done. The letters to the two officers were signed by a secretary (civilian administers) within the police Human Resources Unit.
Mr Morris, when contacted by Virgin Islands News Online, referred us to the Police Information Officer, Diane Drayton. “I can’t make any comment whatsoever in relation to any story regarding any legal matters,” he said.
Attempts to reach Ms Drayton were unsuccessful.
Morris disappointed
Acting Commissioner of Police, Mr Morris has also publicly expressed disappointment with Mr Fahie and Williams for filing a challenge in the High Court against him and the Attorney General over the move by Governor McCleary since he felt that the aggrieved officers should have sought the internal avenues for redress before seeking civil litigation. Mr Morris also suggested that the two police officers have moved to the court against him because they are aggrieved that they did not make the grade for promotion.
“My disappointment over this is the fact that the policy does allow for people, who feel that they have been unfairly treated through the promotion policy specifically, to appeal to the Police Service Commission and to the Governor before resorting to civil litigation...So we did have an appeals process. Two individuals concerned did not appeal to the Police Service Commission, they went straight to civil litigation, which is their right and entitlement but I am just disappointed that they didn’t see that they could have come through the Police Service Commission and the Governor to raise their concerns and for those concerns to be addressed,” Mr Morris said during the television talk show ‘Real Talk’ hosted by Karia Christopher on December 12, 2012.
Morris and McCleary
Since taking office as Deputy Commissioner of Police and now Acting Commissioner, Mr Morris has come under fire for many of the unpopular decisions he has made. He has instituted a controversial exam, which is the subject of speculation about its motives. His claim is to test officers for promotion. It is unknown if he, as the Deputy Commissioner, had to take an exam before taking up his own job in the Virgin Islands.
Both UK nationals, Governor McCleary and Ag. Commissioner Morris, have caused much controversy as Governor and Acting Police Commissioner. The Governor has been consistently accused of not been committed to good governance, law, and order for his alleged blatant violation of the Virgin Islands Constitution.
Both Morris and McCleary are facing many court cases brought on by fellow police officers, ordinary citizens, and civil servants, ranging from alleged rights violation, violation of the constitution, challenge of decisions made by them under their powers, and unfair dismissals.
Acting Police Commissioner Morris, who has the strong support of Governor McCleary, is expected to be appointed Commissioner of Police anytime soon even while there are locals who can hold the post, according to many in the community.
Many have said race may have been a big factor in both their decision making. Recently UK appointed Governor McCleary told a radio show that he is not a racist.
Morris told a TV talk show on CBN channel 51 a few weeks ago that he is “not white”.
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69 Responses to “Is this a case of Police victimisation of its own?”
Keep your eyes on this governor
Law suits here they come!
Unbelievable.
Retired police officer.
1)Is there anything in the governing police policies that state an officer cannot be sent to work at a location off island because he was there before in a short space of time?
2)If the officer was performing at such a high level and JVD is a place where the senior has to be rather well versed since he is oft going to be the shot caller in many instances doesn't an experienced highly performing officer make more sense to be stationed there running the show instead of a greener one.
3) Lastly if this is a matter of race then who got promoted when the unfair act by the COP was committed... Cause from what I've seen its alot of hard working officers that made rank the last go around.. A lot of local and Caribbean born black officers that made rank sooooo how was the exam a racist ploy of oppression?
Why are we so very quiet all of a sudden??? Are we afraid of a governor or police chief????.
You got Promoted, got a fair chance to enhance your life... now you want to say that all who recently got promoted has to be reverted and you want to come talk to me??? Mr. Go sit down down you hear
Investigations into the police force issue do have to be carried out though.
I am concerned and I believe our Government should be as well that something is going on within the Police Force that may be more than just a few disgruntled officers complaining bitterly about perceived . Let me be honest and say that I am not pointing fingers at anyone or blaming anyone for what seems to be going on inside the organization if at all things are as bad as some officers are claiming.
However, I believe that something should be done sooner rather than later. Questions need to be asked of the Governor and the Police Commissioner or else we as members of the public will continue to loose faith in those who we depend on to protect our communities from crime and the fear of crime.
I have lots of friends in the Police Force and at one time even considered joining when I was a thirty years younger. Most of the officers I have spoken to believes in their own mind that the force is deteriorating and I am speaking about officers that consider themselves BVIslanders as well as those from other Caribbean countries who recently joined the force five years ago or in some cases less.
I hope that some steps are taken sooner rather than later.
Which officer will stand up and "GRANT" us out of this mess?
resourt=resort
spell check please
I was asleep,and I just woke up:Wow,The BVI is free!People have a democratic right to Blogg,but I will not blogg on private citizens.I will blogg on the issues at hand,and about those we elected,to go to the house of assembly to represent us; and I will continue to make those in authority,understand,that your authoritative position,does not give you the power to be a DICTATOR,in our peaceful and democratic BVI!I AM WONDERING,WHERE IS THE PREMIER?DO WE HAVE A NATIONAL SECURITY COUNCIL IN THE BVI?
YES WE DO! Section 57 of the V.I Constitition,makes provision for a "National Security Council".The Constitution states"(1) There shall be in and for the V.I a National Security Council which shall consist of-(a) the Governor,as chairman (b) the PREMIER;(c)one other minister appointed by the Governor,acting in accordance with the advice of the PREMIER;(d) the Commissioner of police, [EX-OFFICIO".
Sub-section 4 of section 57 of the V.I Constitution,states"The COP shall-(c)inform the PREMIER of any significant security development in the Virgin Islands,including the occurrence of any significant criminal activity".So the V.I Constitution is advising me,that the PREMIER has a role to play,in the National Security of the BVI,hence,the PREMIER must show an interest in the Police Force and he must show a concern for the Brutal and Psychological attack,that these SENIOR-Police- Dictators have launched upon my BV-Islanders/Caribbean brothers and sisters in the BVI police force.But I say to my brothers and sisters in the force-Be calm,don't be frustrated,continue to obey the law and the Constitution-the people of the BVI need you to protect them.I am praying for you and for those persons out there who will never,ever understand,the danger of serving Her Majesty-The Queen,on the frontline,and protecting the citizens of Her Majesty.
Where is Governor McCleary? What about good governance?
. Needless to say I will continue working hard and just learn to keep my problems to myself and hope the stress don't kill me,because then if I drop down dead you WILL have to make time to visit me at my FUNERAL.