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Knockout punch for Vanterpool as Judicial Review dismissed

-Second loss for legal team in D4 saga against HoA Speaker
Justice Ann Marie-Smith has rejected Mark H. Vanterpool's application seeking leave for a judicial review over House of Assembly (HoA) Speaker, Hon Julian Willock’s refusal to swear him in as Fourth District representative in the HoA. Photo: Facebook
With the hearing commencing yesterday, Friday, April 12, 2019, the decision to reject Mr Vanterpool’s request was returned today Saturday, April 13, when the case was called in the High Court just after 11 am. Photo: VINO/File
With the hearing commencing yesterday, Friday, April 12, 2019, the decision to reject Mr Vanterpool’s request was returned today Saturday, April 13, when the case was called in the High Court just after 11 am. Photo: VINO/File
ROAD TOWN, Tortola, VI – Justice Ann Marie-Smith has rejected Mark H. Vanterpool's application seeking leave for a judicial review over House of Assembly (HoA) Speaker, Hon Julian Willock’s refusal to swear him in as Fourth District representative in the HoA.

With the hearing commencing yesterday, Friday, April 12, 2019, the decision to reject Mr Vanterpool’s request was returned today Saturday, April 13, when the case was called in the High Court just after 11 am.

The Judge in her ruling said the High Court is of the view that it does not have the jurisdiction nor authority to entertain the claim in its current form and that the Application for Leave for Judicial Review is hereby dismissed.  

This new ruling comes as the second rejection of two separate legal applications filed for Vanterpool over the D4 seat.

Second Rejection

Justice Vicki Ann Ellis handed down the first rejection, which was to deny an injunction to delay the reading of the 2019 budget, on April 2, 2019, to allow time for his swearing in.

In an April 2, 2019, media release, Vanterpool had said on the evening of April 1, 2019, his legal team also, “asked the High Court for an injunction to delay the House meeting to allow me to be able to participate on behalf of my constituents in the Fourth District, in the Budget process,” however, that did not materialise.

This story is still developing and Virgin Islands News Online (VINO) will bring new information as it unfolds.

24 Responses to “Knockout punch for Vanterpool as Judicial Review dismissed”

  • ABC (13/04/2019, 13:23) Like (5) Dislike (0) Reply
    Wow
    • 4th district (13/04/2019, 22:19) Like (25) Dislike (2) Reply
      Mark Resigned. His party lost so He does not want the job. He is being forced to take a job he does not want. What kind of representation does that make for the people of the forth district??

      We want a by-election. Mark no longer has our respect. Give us the opportunity to hire someone who is interested in doing this job.

      All these people who are writing this nonsense that he did not resign need to go siddung. The tape speaks for itself. The letter speaks for itself.
  • LAW (13/04/2019, 13:44) Like (18) Dislike (4) Reply
    One more strick then it’s overbaby
  • Interesting (13/04/2019, 14:21) Like (19) Dislike (5) Reply
    Mark running scared – takes the esteem to court then comes up with all sorts of foolishness and stupidness
  • jj (13/04/2019, 14:24) Like (21) Dislike (7) Reply
    I believe after considering both sides, Justice Ann Maria, will render the right judgement here that will allow Mr. Vanterpool will not be sworn it.
  • ann (13/04/2019, 14:29) Like (34) Dislike (9) Reply
    The voters/residents of District 4 have should be given the opportunity for a By election!!
  • wize up (13/04/2019, 14:42) Like (13) Dislike (2) Reply
    it have been quite a while that court was held on saturday: what is next???
  • Sideshow (13/04/2019, 14:59) Like (36) Dislike (3) Reply

    Hardly a knock out punch. She still has to decide the real issue. 

    • Exactly (13/04/2019, 16:12) Like (13) Dislike (7) Reply
      Thank you! Goes to show how well the “speaker’s team understands its own case!
    • @ sideshow (13/04/2019, 17:04) Like (22) Dislike (4) Reply
      Jump high jump low Mark did not resign, he quit on his people. The constitution cannot force Mark to hold a position end of story!!!
    • wize up (14/04/2019, 07:37) Like (1) Dislike (3) Reply
      @ sideshow: do you realize this is vanterpool second time before the court house with his matter: it is also the second time the ruling was not in the favour of vanterpool: both matters were associated with making a pathway to have vanterpool sworn into the house(just saying..he could have gotten sworn in then resigned
  • facts (13/04/2019, 17:02) Like (47) Dislike (8) Reply
    the people of the BVI and other law students must thank the right Hon Julain Willock
    Law students will learn of the Vanterpool vs Speaker case for years to come
  • Anonymous (13/04/2019, 17:10) Like (37) Dislike (6) Reply
    Mr. Vanterpool must pay, this is nonsense, he put the government in court and that's why we vote NDP out with their ridiculous spending!!!

    MV must be held responsible for his crap actions and letter… let him pay for the government bills and attorneys
    • the rock (13/04/2019, 21:26) Like (9) Dislike (20) Reply
      Hush yout butt, willock is who wanted to go to court, we stucking with Hon. Vanterpool in the 4th!
      • @ the rock (14/04/2019, 16:24) Like (10) Dislike (11) Reply
        What a crock of caca. Did the esteemed speaker make the move to court or Mark???/...you all are a set of oppressors...Willock is one of we, so go smoke that!!! some of you just trying to be relevant.
  • Back at square 1 (13/04/2019, 17:30) Like (18) Dislike (3) Reply
    This is not knock out as a ruling as to whether or not he should be sworn in has not been make. This is the whole issue. All the judge is saying is that it’s out if her lane to make a ruling. Simple
  • Disinterested (13/04/2019, 19:52) Like (45) Dislike (4) Reply
    Timing is everything; what a difference 7 days make. If the Action Man had submitted his resignation at 1600 hours on March 12, the territory wouldn’t be in this royal mess. Nevertheless, Mark intended to resign and acted like he resigned. Mark let the world know he was quitting and won’t be showing up for March 12 meeting to be sworn in. And he didn’t show. Mark had the right to resign and exercised the right. The constitution cannot tell a representative elect or a member of HOA that he or she cannot resign. To argue that point is pointless. The voters/residents of D-4 have standing and should be afforded the opportunity to make themselves whole through a by-election. The learned jurists should let the voters solved this problem. It will result in the taxpayers incurring unplanned and unnecessary cost but it is the cost of doing business. Let the people solve the problem. Mark shenanigans cost the residents of D-4 and the territory as a whole and should not be rewarded for his shenanigans. Mark should reimbursed the taxpayers for the unnecessary cost incurred. AG Baba Aziz could have avoid this issue going to court.
  • long look me come from (13/04/2019, 21:13) Like (23) Dislike (2) Reply
    From day we the majority of locals with mr willock
  • voter (14/04/2019, 07:53) Like (40) Dislike (3) Reply
    The attorney general must go!
    • wize up (14/04/2019, 10:25) Like (24) Dislike (1) Reply
      @ voter: I will personally purchase the ticket and help him pack...no joke about that!!!
  • ... (14/04/2019, 16:26) Like (7) Dislike (0) Reply
    MV is a clown, he don't know what he wants. He better stay dancing in them Spanish bars
  • SMH (14/04/2019, 17:51) Like (18) Dislike (4) Reply
    Why Mark Vanterpool don’t swallow his pride, write the letter to Willock and just allow the bi-election to happen?. He is the one that created this whole pathetic drama, and now acting like he loves the fourth district.

    We will not let individuals continue to think we are moomoos, that is why we went GREEN as red is bad news
  • wize up (15/04/2019, 08:13) Like (0) Dislike (2) Reply
    there will be the bi-election and vanterpool will regain # 4


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