Lawyers accuse Senior Magistrate Tamia Richards of being disrespectful
“You have the power to issue summons for persons but you don’t have the common courtesy to say something to us lawyers after having us sitting here for hours. It’s totally disrespectful and we are not prepared to deal with this any longer,” said one of the lawyers. All the lawyers involved asked not to be named at this time.
It all stemmed from a delay of a decision and a sentencing case scheduled to be dealt with in the Magistrate’s Court yesterday morning. According to one lawyer, the Senior Magistrate was not ready with the matters during the morning hours and had asked them to return at 2 P.M. at which time she would have been ready with her decisions.
This gone way too far
“We were all here for two, at 4 P.M. we were still sitting here like little puppets waiting on a word from someone to say what’s going on. Ms Richards didn’t see it fit to come and say something to us or even send her clerk to say something to us and that is totally disrespectful. We are all human beings, we understand her present condition, but you have to show us some form of respect [and] not treat us like we are insignificant and have to accept any disrespectful handling, no, this is gone way too far,” alleged an obviously upset lawyer.
At 4 P.M. all the lawyers walked out the court and drove out of the courtyard. Approximately ten minutes after the lawyers left, Senior Magistrate Tamia Richards emerged from her chambers and in the absence of the lawyers, instructed the court orderly/police to call for the accused. They had also left after their lawyers walked out.
Having been advised that the accused were not present, Ms Richards ordered that they be summoned to the court immediately. “I will be right here waiting… I’ll be right here waiting.”
Lawyers, including for the Prosecution, returned to the court shortly after. “If they didn’t summon my client I would not have been coming back but I did it because they called me and I had to go and get my client to return. This is enough and we are going to be writing the Deputy Governor’s Office about this and everything else because we are totally fed-up of the way things operate with this magistrate.”
They alleged that much time is wasted in the judicial system of the Magistrate’s Court by the Senior Magistrate. “This is not something that has just started, it’s been going on for a long time now,” the lawyers alleged.
Do we have night court in the VI?
On the issue of wasting time, the lawyers protested the manner in which Ms Richards hands down decisions. “It seems like we have night court in here now. The last time I checked that was not the case but we are made to sit here until hours after 4 P.M. several times; tonight was the worst,” said an irate lawyer.
“It’s like a trial in a trial; she (Sen. Magistrate Richards) goes over every last word of witnesses rather than a summery....I have never seen such nonsense in all my years of practicing, never,” another lawyer commented to Virgin Islands News Online.
Following the court proceedings, which concluded sometime after 7 P.M., efforts by Virgin Islands News Online to secure a comment from the Senior Magistrate, proved futile.
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110 Responses to “Lawyers accuse Senior Magistrate Tamia Richards of being disrespectful”
gone 2 far an belives they gone have that power for ever, get some sense an treat peole fearly look how dem gives tolian high cash bail an other pepole sing surity please stop Being so un fear
needs to lean manners yes..local or not. She is un-fair with some of her judgement and very rude in some of her comments. trying to imitate judge Judy and the likes
The remaining 2% are the older heads in society who know about manners and respect for people.
You can take the pig out the mud but the mud out of the pig. In other wards you can't sugar coat $h!t.
So let Her Majesty's free citizens and residents blogg on the topic,while I complete an exam assignment:
Let Ministers of Government get VEX with the bloggers..
Legal Team will be back!!
The other was rude, disrespect, bias, and the list goes on. But those same lawyers from her native country loved it because she allegedly played favorites if one of her nationals were in front of her. Now this magistrate is not putting up with their crap and low level tactic so they hot. The other use to have people waiting and waiting and then those lawyers would come with lame excuses why their client did not show up, or their client want to counter claim and this went on for weeks, wasting people time and money. They just mad that she not taking their crap and they don’t have her on a string like they had the other one. Keep of the good work Senior Magistrate.
Stop running lies, this lazy ******i must say so now, is always late now for a lengthy period of times, so you have to be one of the office clerk posting, so try hard................dam wrong and the governor need to look into this, they need to be discipline this is not their home.
Yes this is a height of nonsense. if court should be in attendance from 9:00am, them come out from 10:35am, and you as a client whether behinds the bars or outside can not come late, because them would be all over you cursing, but yet they has no respect to the lawyers sitting there waiting with the clients to be dealt with, in the end them believe they have the power to run the court how they want, this has been going on for a long time i have court matters pending there and i glad these lawyers have had enough of this, its time they report it to the high ones.
They need to remove, them running the queens court like a puppet show, not starting it on time, ooooooooooooohhhhhhhhhhhh dont even talk about 2:00pm court hearing, damn they start minutes to 3:00pm, no respect when sitting in the court room, the AC not on, you burning up inside the court room, not even the clerk don't have the manners to turn it up the AC, and they walking back and forth, like this is a fashion show. When you think you put people into high position, they let it gone to there heads and do what they want.
Thanks to the lawyers i am going to write to commissioner or complaints, its about time we stand together as one. They try to put BVIsander to play roles in there country and yet they do bull crap in there own country and they should understand why the country is going backwards, because people like them in high positions. We need to protest and get them to be remove, we really see they true colours now it was just time.
Let them go sell boat ticket , too wicked , nonsense all year not even to get cases finish , dis respectful , remove am madam chief justice , thank u lawyers our voices have been heard
Keep off my former classmate for real. The person I know is not incompetent. Her record speaks for itself. While I do not agree that the court should be late, if she is still the person I know, she will not get tough unless they give her a reason too.
These same lawyers, bully, overcharge, talk down and delay their own clients matters in the same Magistrate's court but when the shoe is on the other foot they crying foul. Some of it is jealousy as well. If it was a Magistrate from anywhere else would they try that nonsense? HELL NO. But because the Magistrate is local everything she does is unfairly criticised.
Magistrate navel string bury here . Don't let these expat lawyers shake you. Let them go back home go look wuk.
Imagine the lawyer also complaining of her taking too long to make a decision. If the Magistrate taking long to make a decision I would say she is being thorough and making sure that all the evidence is weighed. When since decisions are expected to be made in a hurry? It is only because the Senior Magistrate is young and successful in her own country they want to tear her down. But we will not stand for it.
Maybe those lawyers complaining should apply for the job. I'm sure after the first week they would resign!
look the other day this *********** call a policeman at the station and tell the police on the fone how ah you come from where ah you come from and want to say what summons to serve and what case to investigate blah blah blah-black sheep.
look and jvd police write a letter to govovor to complain how they abuse the officer on the phone but they hav no rite to do that cuz they not a senior policewoman they is just a j*dge.. boooooooooooool crapp
SOMETHING HAS TO BE DONE ABOUT THIS. WE WHO WERE THERE CHOSE TO LEAVE AND GO TO A PRIVATE MEDICAL FACILITY YET THEY WANT TO IMPLEMENT NHI GHETTO INSURANCE
Continued progress under the National Demonic Party, they got together in east end and cock up their conniving plot to remove the other magistrate. Remember when ever you did whole for somebody dig two cause you would fall and fill the same whole. That is why the country run down. These people have to plan but wickedness and bad mind. They want to corrupt every branch of government. They did not want the other there cause she too straight. They could not get here to hand down decision for them so she had to go.
The appeal court decision in the former magistrate rosan judical review stated that there was confusion in the court and some thing had to be done at once, They introduce their own evidence of confusion in the court. Now we have hard alleged evidence of confusion in the court, the senor magistrate has allegedly brought her magisty court into disrepute, let us see what the JLSC would do now. Especially the A***a girl who went lobbying for her friend to get the job and the other one at social security board who always up in the district representative house in east end.
This writing came from one little crack-a-jack lawyer, who believes that she should dictate to the senior magistrate how she should run her court. She got to realize that the senior magistrate dictates what happens in her court. Writing to the Deputy Governor to say what cuz she can't get her way. Tell Ms. ******behave and have respect for the senior magistrate. They all have a grudge against Tammy because does justice which is not always in their favor. BVI u have a gold mind in Tammi Richards, let her do her job and don't let politics and the bureaucracy of the Central Government get involved in policing the judicial.
What BS you talking, is the NDP put here there at the expense of another local who is the trail blazer in the BVI.
Continue to em brass them by highlighting their wickedness and incompetence.
Did you know that mrs gordon the then senior magistrate took her and train her then this **** get too big and mighty ha ha thats your own. te lawyers has all right she is too high and mighty now
We the bloggers on this free and democratic news site,must come together as a "blogging group" and purchase a bouquet of flowers for VINO,because as I can see,VINO allows every blogger to give his/her views & opinions,on this matter and from the deleted parts of some bloggs,I sensed a high level of respect for the professional names of persons in authority.
This is what quality journalism is about: Respect!
I "Legal-Team; read the acurate news of VINO,[in toto]=segment by segment;to see if I could have identified where the Magistrate may have violated the RIGHTS of the lawyers or the RIGHTS of the defendants in this particular case,under BVI laws:
I believe in the BVI JUSTICE SYSTEM,in its Criminal Jurisdiction,under section 16 of the VI Constitution in general and particularly,in its summary jurisdiction under the Magistrate's Code of Procedure Act,Cap 44 laws of the Virgin Islands:
As I always say,I dont support people in authority for their service in public life:I support them when they obey Her Majesty's laws which guide them and when they respect the rights of Her Majesty's Citizens and residents in the BVI,in accordance with BVI Statutory laws and the V.I Constitution:
Many times when I blogg on a [point-of-law] and maybe my legal blogging appeared critical of a person in authority;some readers may think I have animosity toward people,whom I may have come into contact with during my service to Her Majesty-The Queen in the BVI:
But I am a happy blogger and I enjoy your bloggs!
Based on what I read today in this news broadcast; My personal assessment of the LAWYERS who complained to VINO,about the
""Personal attitude of the Sr.Magistrate"".
I wish to respect the lawyers for their complaint,but I also wish to call them [complaining lawyers]
"""A BUNCH OF LEGALLY-EDUCATED COWARDS!!!"""
You call yourselves lawyers,with law degree-you know the procedure in complaining a Magistrate through the democratic constitutional system under BVI law,and instead of being bold,you sneaking a complaint to VINO,who of course has no fear in reporting the matter in a free and democratic BVI:
All I read about here,in this breaking news is about the Magistrate's alleged ""Personal attitude""which she may have mixed with her profession: She is only HUMAN-a child of God:
Having a BAD attitude is Not a good thing to do in public life,such as "In Her Majesty's Court of Justice:
So,I am not VEX with the lawyers,or VINO or the bloggers,but that does note mean you shoulden't get VEX with me as a blogger: It is your Constitutional Right to be VEX & you can express your VEXATION.
But I wish to reiterate:
""The UN-NAMED-lawyers [NO NAME LAWYERS] involve in these complaints against the Magistrate, are a-
[""Bunch of legally-educated COWARDS""!!]
Legal team you are a damn @*$ and need to hush!
you bloggers really making me laugh you know,honestly.my mom and a queen's counsel of the uk are enjoying it too:LOL. Legal team is a Contraversial blogger: Hee Haw....
What did I call them ""Bunch of legally-educated cowards"".That's my definition of them fraid-fraid lawyers in BVI: and I will use the V.I Constitution to support my public claim:
So many aggrieved citizens go to lawyers to institute civil proceedings in the High Court of Justice; against people in authority in the BVI because those people, in authority violated the Constitutional Rights of citizens & residents, under the V.I Constitution and under Statutory laws:
Some of These COWARD lawyers are afraid to represent poor people; they have defendants cannot get good representation,lawyers fraid to challenge public decisions against innocent people and because a Magistrate displayed "Her Attitude",to them;they come hiding and reporting to VINO: COWARDS!!
Hoping every body will criticise the Magistrate: I will not criticise a Magistrate for that:
Most Magistrates would show-off on the Bench-It's a norm-I witnessed it for many years:
When I have to criticise a Magistrate on apoint of law;I will do it!
In this case,I chose to criticise the """Bunch of legally educated cowards!!"""
The power of the V.I Constitution-read it:
Section 95-power to appoint,etc,to legal offices.The V.I Constitution declared:-
""Power to make appointments to offices to which this section applies,and to remove and to exercise [DISCIPLINARY CONTROL] over persons holding or acting in such offices,SHALL vest in the Givernor,acting in accordance with the advice of the Judicial and Legal Services Commission;but the Governor,acting in his or her discretion,may act otherwise than with that advice if he or she determines that compliance with that advice would prejudice Her Majesty's Service"""".
Let us continue reading the Constitution:
Subsection (9) of section 95 of the V.I Constitution:Read the V.I Constitution carefully:Subsection (9) states:-
""A person holding the office of A.G; DPP or [MAGISTRATE] may [only be removed from office] for Inability to discharge the functions of his or office (whether arising from infirmity of body or mind or any other cause) or for MISBEHAVIOUR""". That is the Power of the V.I Constitution!
They [the coward-lawyers] must go and read the daam law, and they must look out for justice for poor people who cannot afford a lawyer..
Did the Magistrate MISBEHAVE in Contravention of Subsection (9) of Section (95) of the V.I Constitution?NO! She didn't!
If the coward lawyers have a legitimate complaint against a Magistrate, they are Constitutionally-bound to report the matter to the Governor,through the Judicial & Legal Services Commission.
These coward lawyers are talking about writing to the Deputy Governor's Office to complain the Magistrate?
The D.G has no Constitutional Authority to discipline,investigate or reprimand a Magistrate!
That authority is within the power of The Governor upon the ADVICE of the [J.L.S.C],under the V.I Constitution!
That is why I call these coward lawyers
""A Bunch of Legally-educated-COWARDS!!!!!!!!!!!""
Mehson before i read this blogg from you i was in aggreement with dem lawyers complaining to vino but now that you teach me something in the vi constitution, i hav to say together with you dem lawyers are ' a bunch of public jokers'
they have right to take there complain to the govonor but instead they went to vino to complain.
my colleague legal team you bloody right dem lawyers who fraid to go to govonor are a 'bunch of jokers'.de magistrate ent do nothing wrong but show sheself on dem lawyers but none of dem lawyers had the courage to tell the magistrate what dem had to say now dem run to vino to complain
'lahyers is jockers'
From the first sentence I read, I know you was about to spill some "£$% out of your mouth defiling the pure blogs
Shut up if you do not have any sense able contribution to make.
I have worked with MR in the Private Sector, when she came from the AG's Chambers (I believe), and I can tell you that I am not impressed by her as a Magistrate, A dose of humility is what she needs at this point. If she expects us, the public, to respect the Court, then she better practice the same. I dont care if she is the Queen of the Magistrate's Court, she needs to set an example. She is trained as a Prosecutor. Come on Tamia, be as unbiased as you can, please!
At least she's not a home wrecker!!!!!! YOU Lawyers GET OVER IT!!!
i agree with legal team,look we seeing the picture of the magistrate posted,the coward complainant lawyer tell vino doh call his or her name as complainant. this lawyer scared to tell off the magistrate about the foolishniss the magstrate doing,this lawyer have the kno how to report to the govnor and jlsc but go to vino instead.i agree,them is a set of cowarsd lawyers in tola land,i agree dem fraid to fight for justice for innocent ppl,the mag hav she bad ways and that u coming with. cowards lawyer
Many persons in the BVI rang my phone to say how delighted they were,that I showed my true colours of [not taking sides] when assessing a situation,and [not looking at the person involve]
People tend to think that I legal team have issues with people in authority:
But honestly,I don't:
I have issues with LAWLESSNESS in society.
I read this breaking- news over and over again,in search of the EVIDENCE to prove that the Magistrate was disrespectful to the lawyers but I see no written evidence of any disrespectfulness from the Magistrate:
What did the Magistrate say or what did she do that was disrespectful to the lawyers?
Let me ask:-
Common Courtesy? Lawyers involve ask not to be named? Delay in decision? Not ready in the morning-return at 2pm? At 4pm still waiting like puppets? Magistrate didnt see it fit to say something-that is totally disrespectful? Lawyers say,We insignificant? Magistrate emerge-call for accused-no accused-accused had left? Magistrate ordered that accused return? Lawyers say, If they didnt summons my client I would not have been coming back?
Having analyze the interview of the lawyers who commented, I didnt read anything from the lawyers which showed a level of disrespect by the Magistrate:
What I read about is a ""DELAY"" by the Magistrate,which caused the lawyers to be ""UPSET"" and the lawyers encouraged the accused persons to disregard the Order of the Court,and to leave the Court without permission by the Magistrate:
The Lawyers could have left the court, without permission from the Magistrate,BUT the accused have no authority to leave the court,unless the Magistrate ordered them to leave!
And according to the news-The Magistrate Ordered that [""The Accused return to the Court""] She did NOT and could NOT Order the lawyers to return! But they did,because of their clients:
She called for the ACCUSED:The Magistrate has the lawful authority to order that the accused return to court!
So what is the Lawyers' complaint?
If the Magistrate did not show ""Common Courtesy"" to the lawyers,that is her [Personal-Problem], but in my opinion, such lack of ""Common Courtesy""[Personal Problem] is not being disrespectful!
Lawyers in the BVI; I want you to stand up against social oppression and against social injustice and for you to represent persons who want to SUE those in authority for THEIR LAWLESS PRACTICES:
Don't come with your petty NONESENSE about ""DELAY" is equal to "DISRESPECT"!
You all are just a "Bunch of Legally-educated-COWARDS" of the BVI Justice System:
In my view,the Magistrate did ""NOTHING WRONG""
It's funny how all in a sudden everyone knows that the DG cannot reprimand or discipline the Magistrate after they stepped out of line and reprimanded the previous Magistrate for no reason. All this is, is a set up for what is to come in the BVI Magistracy and all who will loose their jobs for what has occurred to make this lady Magistrate. .
To the lawyers, it makes no sense to go to the Deputy Governor about her... they hold one head.
The only writer who seem to make legal sense in the blog is the writer legal team who seems to have a large range of a background in law and in court procedure.Mark you,I said legal sense.All of you make sense.
I have to say that I am very disappointed with the lawyers for the avenue they took in bringing their complaint to light.
From indication they all wanted to make a public issue about the Magistrate and her attitude on the bench and,or in chambers.
But as professionals themselves,I would have expected the lawyers to write to the Governor and the Judicial & Legal Services Commission,in order to make an official complaint,if the lawyers are serious about that.
Coward.
I have to say that the writer is correct in calling the lawyers coward.The lawyers are officers of the court and they can all come together with the Bar Association to take their case to the JLSC.
Instead,they conceal their identity,while they expose the identity of the Magistrate.
That is cowardice behavior on the part of the lawyers.
Those lawyers will never write to complain the Magistrate.They only want you the bloggers to help redicule the Magistrate for her attitude,which I myself don't appreciate.She has a bad attitude.
Lawyers.Coward
you lawyers have the ball in your court to lead a delagation to the govornor to remove the magistrate if she misbehave in the constitution rules,you doh have facts that she misbehave but u go vino with gossip about she attitude.and dont want your name expose but u expose the name of the magistrate.the magistrate didnt contest general election at large.she was appointed in the constitution.she can be remove in the constitution if she misbehave.SHAME ON AH YOU JOKER LAWYERS.The magistrate didnt misbehave.thank you legal team for explaining the constitution.
To you know it all, shame on you and your NDP gang of rascals, complain was made before when they were additional magistrate about conduct on the bench, the JLSC still investigating those complains during that time and they JLSC still waiting on fill from the DG office.
If you had to go to court every day and wait for two or sometimes three hours you would do the same. Court start at 9. I agree with those lawyers
All the news story published by VINO,were published in accordance with Section 23 of the V.I Constitution Order 2007. And you the bloggers have a free and democratic Right to blogg on social issues,brought to your sight and to your knowledge by this democratic news-site VINO.
I said that to say this:-
""There are many people with social and constitutional power under the V.I Constitution,who want you the people in the MINORITY, to be afraid of their high position,and may want to even Close the MEDIA and to Silence you the Bloggers"".
The reason why I take so much pleasure in blogging on a point of law and would criticize constructively,any person who I believe acted unlawfully or unconstitutionally to oppress others;the real reason is because of the V.I Constitution which gives me the Authority to BLOGG and Criticize:
This is what Her Majesty-The Queen of Buckingham Palace,declared on Her citizens & residents in The BVI:
The Queen approved and declared in Chaper 2-"Fundamental Rights and Freedoms of the Individual" and in section 23-"Protection of Freedom of Expression"-and section 23 of the V.I Constitution,states the following:-
[""(1) No person shall be hindered in the enjoyment of his or her freedom of Expression-
(2) A person's freedom of expression includes [freedom to hold opinion] without interference,[freedom to receive information] and ideas without interference,[freedom to disseminate information] and ideas without interference(whether to the public generally or to any person or class of persons) and [freedom from interference with his or her correspondence] or other means of communication"".
So accordingly;VINO has a Constitutional Right under Section 23 of the V.I Constitution, to write and Publish a story and also,you the bloggers have a Constitutional Right to blogg,and for VINO,after proper analyzation and editing,would publish your blogg for all to read:
But many lawyers in the BVI,especially those on "Work-Permit" are practicing law in the BVI,with FEAR,and (Self-Intimidation) [In other words,they are afraid to use the Power of the V.I Constitution to fight for social justice and liberties in the democratic-BVI].
Democracy in the BVI is under threat with these Fraid-Fraid-"Work-Permit-Lawyers..
The Fundamental Rights and Freedoms of EMPLOYEES are being Violated every day by EMPLOYERS [ by Governor, by Government etc..] Look at some unlawfull actions by EMPLOYERS in the BVI:-
Wrongfull dismissal
Wrongfull arrest and Detention in police custody
Wrongfull interdiction from duty
Wrong suspension AND the list goes on-and-on-and-on.................................
Clear violation of Fundamental Rights under the V.I Constitution:
Aggrieved persons in the BVI,would go the lawyers to [""Institute Civil Proceedings] against these Employers, in Accordance with Section 31 of the Constitution, to SUE these Employers in The High Court of Justice,under the V.I Constitution:
These COWARD lawyers on [work permit] would backdown-afraid to Challenge Authority,on a point of law:
Now,some lawyers who have some [""Personal Backyard issues""] with a sitting Magistrate; they[the lawyers] are afraid to report to the APPROPRIATE authority-But chose VINO-a democratic news site, to Publish their [""Backyard RORO""] in Her Majesty's Magistate's -Court House: Good VINO,publish it!!
And want,I [""LEGA TEAM""] to support these COWARD lawyers with their ""BACKYARD RORO"".
While Citizens and Residents begging for Legal Representation,from these COWARD lawyers, to fight down INJUSTICE and MALPRACTICE by Public Employers in the BVI; these same lawyers now SNEAKING to give information to VINO and VINO rightfully publish it:
[""I, LEGAL TEAM""] Will NOT support these COWARD lawyers:
ABSOLUTE-NONESENSE!! Leave the Magistrate do her work in her own time!!
Sign: Legal Team:
I agree with most of what y'al people have to say that the magistrate have all right to do what she like in HER court room but no amount of power should cause anyone to treat another human like a non-entity. Two hours without allegedly making a statement to HER defendants in HER court room. Now that sounds like disrespect to me. She should take a page out of Mr. Nelson Mandela, deceased, book. No amount of power made him treat the whites in South Africa different, not even his jailers.
The Magistrate,under the Magistrate's Code of Procedure,does not have to be Coureous to anyone when the Magistrate is performing Her Functions.
If she,as a human being,does not show courtesy to human race,that is her personal problem:
But I will challenge these coward lawyers to show and tell the Public on VINO,
""What is it, did the Magistrate say or do, that amount to disrespect to the lawyers?"".
In the High Court of Justice, JURORS sometimes take DAYS to reach a verdict.
They must be satisfied from the Evidence that the accused is Guilty or Not Guilty.
Similarly,a Magistrate MUST go-over ALL the evidence to make SURE that she does not Convict an innocent person:
How could a lawyer ACCUSED a Magistrate of going-over ALL the Evidence,before passing sentence?
The Magistrate,by doing that [going-over ALL the evidence] will make sure,that when she Aquit or Convict,she will be satisfied that she made Her decision,Beyond a shadow off ALL reasonable Doubt.
It would be a Travesty of Justice,if a Magistrate quickly SUMMARIZE part of the Evidence and rush to Convict a person;who there-after sent to prison; but later on Appeal, the Grounds for Appeal might well be a Piece of Evidence she May have over-looked,because she Rushed to Judgement.
The Law:
Section 237 of the Magistrate's Code of Prcedure Act,Cap 44, Empowers the Governor in Council to make Rules for the Administrative Functions of the Magistracy-
Subsection (2) of section 237 states:-
""Any Rule purporting to be made in pursuance of this section SHALL be laid before the Legislative Council [Now House of Aseembly] for consideration and approval as soon as may be it is made and Shall be Judicially noticed:
Provided that such Rules until so considered and approved Shall have the force and effect of LAW""".
There is no written RULE under section 237 (2) of the Magistrate's Code,of Procedure Act,Cap 44,laws of the V.I, which states that a sitting Magistrate Must have ""Common Courtesy"" to lawyers at the Bar in Court and to Defendants who appear before before Her.
The work of a Magistrate on the Bench is to:-
Follow part II-Preliminary Proceedings-Jurisdiction of Magistrate under the sections from 22 all the way to section 236 of the Magistrate's Code,of Procedure Cap.44.
Courtesy is something personal,developed by social acceptance and good-will:
The Magistrate does not work in the Tourist Board, to Welcome visitors to the BVI,where she has to smile""HEE-HEE"".
If the Magistrate chose not to be courteous to lawyers, "that's Her personnal and social business".
The Magistrate does not work for them [the lawyers-in their firm] ,or employed by them or paid by them:
Most people in the BVI in High Offices are NOT courteous to SMALL customers!
That is Normal behaviour in BVI society:
The Lawyers need to go to court and give good and proper representation to clients; and lawyers must stand up with the citizens/residents to help them SUE the Governor;SUE the Government,SUE employers and others in High Position,who Violate the Fundamental Rights of Citizens EVERY DAY, in the BVI.That is what good lawyers are there for!
To you Magistrate Miss Tamia Richards:Take my advice:-
""Don't show them coward lawyers "" [""NO DAAM COURTESY""]
To BVI Lawyers;help the citizens/residents to understand their [Fundamental Rights and Freedoms of the Individual] ,under the V.I Constitution, and help the citizens to [Institute Civil Proceedings in the High Court of Justice,pursuant to section 31 of the V.I Constitution:
To BVI Lawyer;help the Citizens/Residents understand the following sections in the V.I Constitution:
Section 16 of the V.I Constitution [Provisions to secure protection of Law]
Her Majesty-The Queen,in section 16 declared to Her Citizens/Residents and bestowed upon them[Her Citizens/Residents, the followings RIGHTS and FREEDOMS,under the Criminal Justice System:
Come one-Come all,let us read the V.I Constitution:-
Her Majesty said in HER V.I Constitution and I quote,
[""(1) If any person is charged with a Criminal Offence,then,unless the charge is withdrawn,the case SHALL be afforded a Fair Hearing within a reasonable time by an Independent and Impartial Court established by LAW.
(2) Every person who is charged with a criminal offence SHALL-
(a) Be presumed to be INNOCENT until he or she is proved guilty according to LAW;
(b) Be informed promptly,as prescribed by LAW,in a language that he or she understands and in detalis,of the nature of the offence charged;
(c) Be given adequate time and opportunity for the preparation of his or her defense;
(d) Be permitted to defend himself or herself before the court in person or,at his own expense,by a legal practioner of his or her choice or where he or she is UNABLE to afford to retain a legal practitioner and the INTERESTS of JUSTICE so require,by legal Practitioner(LAWYER) at the PUBLIC EXPENSE provideed through Legal Aid Scheme as prescribed by LAW;
(e) Be entitled to examine in person or by his or her Legal Practioner(LAWYER) the witnesses called by the prosecution before the Court,and obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the Court on the same conditions as those applying to witnesses called by the prosecution;
(f) Be permitted to have without pay the assistance of an interpreter if he or she cannot understand or speak the language used at the trial of the charge;and
(g) When charged on Indictment in the High Court,have the RIGHT to trial by JURY......""]
All these RIGHTS above ARE "Fundamental Rights and Freedoms of the Individual-Citizens and Rsidents of the BVI,declared by Her Majesty-The Queen at Buckingham Palace on
[13th June 2007]-
[Six years ago]
Despite of these RIGHTS,bestowed by Her Majesty on Her BVI Citizens; lawyers in the BVI know of Many Citizens/Residents who want Legal Assistance;but these Lawyers would sit back, and watch Citizens/Residents SUFFER injustice,on remand in Prison without a lawyer to help:
Citizens want to SUE the GOVERNOR and the GOVERNMENT:
It's the citizens RIGHTS to SUE the GOVERNOR!
These Lawyers can come together, and find ways and means to Help,in the name of Justice,But all they are concern about is BIG-MONEY from BIG-RICH offshore banking-CLIENTS:
They[Coward Lawyers] have the Power of the V.I Constitution on their side, and they are Authorized by Statutory LAWS,as Legal Practitioners in BVI justice system to be on the side of Justice for ALL.
But they[COWARD lawyers] are Influenced by the Powers-that-be,[The Governor,The A.G,the DPP] and other authorities,who would trick them into Administrative [bling-bling] and practice, to deny Citizens Justice:
They[Lawyers] want you to believe that it is the Magistrate who is bad in dispensing Justice; so they[Lawyers] want you the Citizens to be misled,They[Lawyers] don't teach you about your RIGHTS under the V.I Constitution; but They[Lawyers] will go to VINO, to make a [""STUPID-GOSSIP-BACKYARD] complaint, about a Magistrate's attitude [IN CHAMBERS].
To hell with ""Common Courtesy"". Tell us about LAW! Magistrate's Court is about LAW!!
Innocent Magistrate-En't do nothing wrong under the LAW-But Lawyers have you-ALL Cursing the Magistrate?
I Cry SHAME on the LAW_YERS,
Let the Coward lawyers go infront the Magistrate themselves in [Open Court-In public view] and tell the Magistrate what is on their minds: Don't use the Citizens of the BVI to Curse-Down their own Magistrate for you:(COWARD-lawyers)
The Lawyers in the BVI are AFRAID to SUE the GOVERNOR and GOVERNMENT and the POLICE COMMISSIONER and the JLSC, and the PSC and the PoSC on behalf of Aggrieved Citizens,whom they ABUSED with POWER!
Lawyers in the BVI are a [""Bunch of Legally-educated-COWARDS""]
let dem lahyars tek dat in dem M.A. expose dem inside de constitution.dem want us to bring down de magistrate for them but dem fraid to fight for justice for us.tell dem lawyers keeess my A?. bunch of jokey lahyars in bvi.TEK DAT and GWAY.
As a practicing attorney in Tortola,I feel bad to know that our ability to pursue justice is under attack.
But you people should understsand that most of the lawyers like myself have no status of connection to Tortola.
Look at what happen to Mr.H.Mc,he was one of the front lawyers giving good rep to his client both in civil and criminal matters.
Persons in high position in Tortola used their high position to deny him a permit to work.He is out.
It is true that lawyers are afraid to represent clients who want to take action against the Government or employers but in Tortola,is one phone call from a high official and your permit to work cancel.
Justice is not only under threat in Tortola,justice has been destroyed by high officials in Tortola.
I am disappointed with the lawyers who report to Vino,because I believe the lawyers in Tortola should be more forth right and more open with their claim.
I feel bad for the many clients who didnt get justice,may be after being dismissed unlawfully etc..but honestly expat lawyers are very much afraid of persons in high position in Tortola.
Whoever this blogger/writer is,name legal team,writing about the Constitution and the law, he or she seems to know the legal system of Tortola better than many lawyers.I believe it's a lawyer.
If she/he is not a lawyer,I can only say,the writer is very intelligent with a background in legal litigation,criminal court procedure and criminal procedure on a whole.I wish clients well,but we the expat lawyers are tied down by the system.The writer knows the system inside out.Sorry,sorry,sorry.
I received Wisdom,knowledge and understanding from God:
Let me honestly congratulate all those who attended Universities,colleges and other learning institutions,to obtain legal education to help them understand and to practice law in the BVI:
Without a law degree or any formal education,let me publicly read section 31 of the V.I Constitution:
First of all; The BVI BELONGS to Her Majesty-Queen Elizabeth the Second,Her Heirs and Successors of Buckingham Palace UK:Her Majesty-The Queen OWNS the BVI:[Put that deep inside your brain].
There are classes of persons defined in Chapter 1, Interpretation 2 (2) of Her Majesty's V.I Constitution,who, BELONGS to the Virgin Islands [BVI]
History of the New V.I Constitution
On 13th June 2007, a Constitutional Delegation [from the BVI] went to Buckingham Palace UK,and presented a draft of what the New V.I Constitution should be: We the people of the Virgin Islands,requested for the first time in our history [""Fundamental Rights and Freedom of the Individual-Citizen and Residents of the BVI:
Read how the Queen gave Her Citizens [Fundamental RIGHTS and FREEDOMS].Lawyers,read the V.I.C along:
[" At the Court at Buckingham Palace,the 13th day of June 2007; Present, The Queen's Most Excellent Majesty in Council: Her Majesty,in Exercise of the Powers conferred upon Her by section 5 and 7 of the West Indies Act 1962 (a) and of all other powers enabling Her to do so,is pleased,by and with the advice of (HER Privy Council),to Order,and it is Ordered,as follows:"]
What was Ordered by Her Majesty-The Queen?
Answer:
The New V.I Constitution Order,2007!
[Including-Fundamental Rights and Freedoms for BVI Citizens & Residents-In Chaper 2!]
Let us all read what Her Majesty Ordered in section 31 of Her approved V.I Constitution:
Her Majesty-The Queen Ordered:-
[""Enforcement of Protective provisions""] Her Majesty declared to Her BVI citizens-She said:-
[""(1) If any person alleges that any of the foregoing provisions of this Chapter(Chapter 2) has been,is BEING or is likely to be CONTRAVENED in relation to him or her,() then,without prejudice to any other action with respect to the same matter that is LAWFULLY available,that person (or that other person)-"meaning a lawyer") May apply to the High Court for REDRESS-
(2) The High Court shall have original Jurisdiction-
(a) To hear and determine any application made by any person under subsection (1);and
(b) To determine any question arising in the case of any person that is referred to it under subsection (7),
And may make such DECLARATION and ORDERS,issue such WRITS and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the foregoing provisions of this Chaper (Chapter 2-Fundamental Rights) to the Proection of which the person concerned is ENTITLED""].
So here you have Her Majesty's Declaration in section 31,bestowing on Her Citizens/Residents to seek REDRESS in the High Court,if any body Contravenes any of your "Fundamental Right and Freedoms".
Any body includes- [The GOVERNOR,The Government;The POLICE-Commissioner,The Police-service commission,The JLSC,The PSC] Her Majesty,declared-ANY BODY! You can SUE them in the High Court:
But to SUE them in the High Court,under section 31, you need a "Legal Practioner-Lawyer".
But the LAWYERS are afraid to Obey Her Majesty's Declaration! BVI Lawyers are afraid of the GOVERNOR!
Lawyers are not telling you about your ""Fundamental Rights" But they are telling you on VINO about:-
A foolish-inhouse-nonesense-stupid-puppet-INSIGNIFICANT Information about a Magistrate DELAY?
BVI Lawyers ARE""A bunch of Legally-Educated-COWARDS!"". DEM FRAID DE V.I CONSTITUTION!!!!!
I want to see a braking news where one of the lawyers can go vino to say what you read out in the constitution is false.and the interpretion is not correct.it look like the same person blogger legal team.I read as you explain it,you on the target.let them jokee lahyars in bvi tek dat.they dont know law they dont rights they dont know vi constitution,tek dat, go back to court so richards can make ah u wait forever,tek dat.
The first night that story broke out,I saw many writers blasted the Magistrate,on the basis that the informers to vino are lawyers and the information is true and accurate.
As the days go by,I continue to read the story,to read the blogs and more and more I learned something about the legal system etc..
In my opinion the lawyers misled the people of the Virgin Islands.We all read the blogs of this writer,legal team and his expression of local law and the v.i Constitution.
What moved me the most is to learn that a Magistrate does not really have to be courtious or respectful in the manner the lawyers want her to be.Sounds anti social,but that's human nature.
I learned that a Magistrate is like a Judge to hear the case of both sides and for her to say guilty or not guilty from the evidence she heard and saw.Whether she has manners or not, or she does not have courtesy,is nor here or there.
The lawyers said,they will be writing to the Deputy Governor's Office to complain.Strangely though,even before they write,they complain to vino,to give us a chance to blog.
I hope the lawyers will give vino a copy of their letter to the DGO,because from how this legal writer put it, the Magistrate didn't do anything wrong against the Constitution or against the Magistrate's court rules.
The question here,can the Magistrate be discipline for not being courtious and can the DG Office discipline her for not showing respect for lawyers presence waiting long in the court?
It would be interesting to read in the letter to DGO,what the lawyers are complaining about.They chose to write to DGO instead of the Governor and JLSC. Clearly,it's an administrative complaint,as oppose to a misbehaviour complaint by the Magistrate.If it's administrative,why bring it to the public?
Vino I am sure, will update us on this matter in the near future.But I believe we were all misled by the lawyers.They wanted to make a public scene about an insider administrative issue.
Thank you.
O.k, so we know they reading the bloggs.you think they not reading about all the rights we have and how we deprive of our rights because of fear.tortola finish for good.
The Legal Team family,comprizing of [one-man-show] would like to thank VINO for allowing Her Majesty's Citizens and Residents to express themselves on VINO's free and democratic news site,to be published lawfully,in the form of news,in Her Majesty's Free and Democratic BVI:
And this is how Citizens/Residents should live in a small community,like the BVI;with freedom to express themselves: Agreeing to disagree without Malice:
No guns,No bullets,No weapons and No threats of bodily harm and No threats to Murder:
But, I sensed from the bloggs,that my BVI people are not easily fooled or misled by persons who think that because of their academic achievements,they can brainwash the masses:Oh no-Oh no.
BVI people can think for themselves; That is why in search of their own ["Fundamental Rights and Freedoms"] they sent a ["Constitutional Delegation"] to Buckingham Palace on 13th June,2007,and Her Majesty-The Queen, approved and Ordered that Her BVI Citizens get their own Constitution:
Let me read two Paragraphs,or an excerpt of a Speech/Statement in the Virgin Islands Constitution,from Buckingham Palace:
The speech declared:-
[""Whereas the people of the territory of the Virgin Islands have over centuries evolved with a distinct cultural identtiy which is the essence of a Virgin Islands;
Acknowledging that the society of the Virgin Islands is based upon certain moral,spiritual and democratic values including a belief in God,the dignity of the Human Person,the freedom of the individual and respect for FUNDAMENTAL RIGHTS and FREEDOMS and the RULE of LAW"]
Buckingham Palace Recognized the People of the Virgin Islands:
That is why, my people must stand up for their FUNDAMENTAL RIGHTS; and if any body [In Authority]including the Governor; VIOLATE your RIGHTS-You should [REPORT THEM TO HER MAJESTY-THE QUEEN OF BUCKINGHAM PALACE]
I did it-You can do it too!
As it relates to the topic,let me caution my sensible intelligent free Virgin Islanders:Make your own assessment:
According to the V.I Constitution and the Magistrate's Code of Procedure Act,Cap. 44, The appointed senior Magistrate,Miss Tamia Richards, ["DID NOT MISBEHAVE"] in Contravention of section 95 (9) of the V.I Constitution:
I don't support individual persons-I SUPPORT the V.I Constitution and V.I Statutory LAWS:
It's time for the Magistrate and the Lawyers to Unite,and work in Harmony,because it is DANGEROUS for JUSTICE if a Magistrate and Lawyers are UPSET at each other.
VINO,we need another Freedom breaking news:VINO remains Number ONE in Breaking NEWS!
If Ministers of Government,dont want the Citizens to Blogg,they must send a Constitutional Delegation to Buckingham Palace,UK, to ask Her Majesty-The Queen to remove "protection of freedom of expression" from the V.I Constitution:
Her Majesty approved freedom of expression,I will enjoy my freedom [with abuse to anyone:]
I watched and listened to many speeches from leaders who spoke at mandela's funeral service today in soweto south africa.
Barak Obama said "" he,mandela was the last great liberator of the twentieth century; we too must act on behalf of JUSTICE & on behalf of TRUTH"".
Ban Ki Moon,the general secretary of the UN said "" he,mandela sacrificed so much for FREEDOM of EQUALITY for DEMOCRACY and JUSTICE"".
The Queen of Buckingham Palace-The Monarchy of Great Britain and Northern Ireland,is a person of HUMANITY,and the Queen stands for FREEDOM,Equality,Democracy & JUSTICE for Her people(Her Citizens) all over the world,including Her British Overseas Territories of which the BVI is a Colony.
But what you have in the BVI is 2% of the Population are Equipt with the knowledge of the Her Majesty's V.I Constitution, and the additional 98% of the Bigger-population,do not have a clue of what Constitution or Fundamental Rights are about.
Look at the list of person within the population who have and understand Constitution & Fundamental Rights.
[ The Governor, The Attorney General, The Director of Public Prosecutions,The Royal Virgin Islands Police Force,The Magistracy,The High Court of JUSTICE, and Law firms/Lawyers]
The new V.I Constitution came into force,on the ""Appointed-Day""15th June 2007- six years ago!
Since then,how many of these Public Offices and Public Officials come to you the 98% of the Bigger-population to tell you that Her Majesty-The Queen approved and Ordered "Fundamental Rights and Freedoms"for you Her Citizens of the BVI.
And that if anyone Contravenes the law of your Rights,you can SUE him or her in the High Court?
How many lawyers in the BVI,would give Voluntary service on talk-shows and on VINO to Educate My people about their "Fundamental Rights and Freedoms"under the V.I Constitution? How many?
They do not want you to know of your PRECIOUS and PRESTIGIOUS-Rights as Citizens,which the Queen gave you in Her BVI Constitution, BUT they want you to know:-
["The Magistrate had them waiting for 2 hours and the Magistrate didn't show common courtesy,so that is disrespect?] They LIED! That is NOT disrespect:
I am happy that you bright,sensible & intelligent BV Islands were NOT fooled and misled by the Lawyers' LIES and DECEPTIONS.
Hello, the Coward-lawyers did NOT Identify themselves, so they can't take legal action [Law of TORT-civil Jurisdiction] Hello: You Identified the Magistrate-But you said "Don't mention my name".You Cowards!
When I read the lawyers' complaint to VINO, I was NOT VEX! The word VEX is now used in Her Majesty's Honorable House of Assembly; but I was NOT VEX: I was AGGRIEVED that my BVI people were being FOOLED & MISLED by the complaining-Lawyers.
Sign: Legal Team
not right mr governor.
I was born in West End Tortola,and moved to the States with my mom,and lived there for over 25 years.I usually visit home from time to time.
I recall 10 years ago,I had reason to read certain parts of the V.I Constitution law,in search of my child's qualification for citizenship.
From what I recalled 10 years ago,there was not anything such as fundamental rights and freedoms law in the V.I Constitution.
However,from reading the many notes from this writer legal team, whose focus seems to be on V.I Constitution,I get the understanding that the Virgin Islands,as of June 2007,now has Civil Rights or Fundamental Rights.
If this is really the case,the writer is making a lot of strong point here.Virgin Islanders should take this more serious.
Because if Fundamental Rights do exist in your Constitution law,then you ought to be told by the Major or your Governor or Councilman.
I send a caution to the lawyers,that you have a responsibility to educate the public of their Civil Rights,which is a supreme right.
No one should be unaware of their Civil rights or what you in the Bvi call Fundamental rights.I caution the V.I lawyers to liberate the citizens of their bondage of ignorance of their Constitution.
The head of the Council in Bvi, must advize people of their Civil or Fundamental rights.
Caution to V.I Lawyers.