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Mark H. Vanterpool begs Court for more time

- to deal with issue of legal costs following failed bid for Judicial Review
Mr Mark H. Vanterpool was elected to represent the Fourth District in the General Elections on February 25, 2019 but resigned days after. He is now challenging his own resignation. Photo: Facebook
Speaker of the House of Assembly Honourable Julian Willock has accepted the resignation of Mr Mark H. Vanterpool as valid. Photo: VINO/File
Speaker of the House of Assembly Honourable Julian Willock has accepted the resignation of Mr Mark H. Vanterpool as valid. Photo: VINO/File
On Saturday, April 13, 2019, Justice Ann Marie-Smith rejected Mr Vanterpool's application seeking leave for a Judicial Review over House of Assembly (HOA) Speaker Honourable Julian Willock’s refusal to swear him in as Fourth District representative in the HoA. Photo: Provided
On Saturday, April 13, 2019, Justice Ann Marie-Smith rejected Mr Vanterpool's application seeking leave for a Judicial Review over House of Assembly (HOA) Speaker Honourable Julian Willock’s refusal to swear him in as Fourth District representative in the HoA. Photo: Provided
ROAD TOWN, Tortola, VI- Fourth District Representative-Elect Mark H. Vanterpool, through his lawyer Patrick D. Thompson, has pleaded with the High Court for more time to address the issue of legal costs following his failed attempt for Judicial Review.

On Saturday, April 13, 2019, Justice Ann Marie-Smith rejected Mr Vanterpool's application seeking leave for a Judicial Review over House of Assembly (HOA) Speaker Honourable Julian Willock’s refusal to swear him in as Fourth District representative in the HoA.

Having lost his case in the High Court against Hon Willock, Mr Vanterpool is expected to be made to pay the legal expenses incurred by Hon Willock.

Need more time

The matter of legal fees was to be heard by Honourable Madam Justice Ann-Marie Smith on April 18, 2019; however, Mr. Vanterpool’s lawyer, Mr Patrick D. Thompson related to the court that his client’s Lead Counsel Mr Edward H. Fitzgerald QC was out of the Territory and it would put his team in an unfair position.

Mr Thompson begged that the hearing be postponed until the Court delivered its final decision and by that time Mr Fitzgerald QC would return to the Territory.

Mr Willock’s lawyer Mr Valston M. Graham, on the other hand, noted that his lead counsel Mr Anand Ramlogan SC was also out of the Territory but he was ready to move ahead with the issue of costs.

Mr Graham argued that Mr Vanterpool’s application for Judicial Review was already rejected and local counsel should be able to address the court on the matter of legal fees.

Request granted

Justice Smith noted that even though she had previously announced she would deliver final judgment as to whether she deemed Mr Vanterpool's letter of resignation invalid. On April 18 or 23, 2019 she needed more time to do so and as such had no issues with granting the request of Mr Vanterpool.

She indicated she would give the parties 2- 3 days notice in advance of the Court’s readiness for her final judgment and the hearing for the legal costs.

The saga

Mr Vanterpool was elected to represent the Fourth District in the General Elections on February 25, 2019 but resigned days after. His resignation was accepted by Speaker of the House Honourable Julian Willock after it was forwarded to him by the HOA Clerk.

However, Mr Vanterpool, suddenly had a change of heart and indicated his interest to be sworn in to the HOA.

After Hon Willock refused to have him sworn in Mr Vanterpool moved to the courts seeking leave for a Judicial Review, after also filing for an Injunction, which he lost on April 2, 2019.

13 Responses to “Mark H. Vanterpool begs Court for more time”

  • ABC (23/04/2019, 20:05) Like (5) Dislike (1) Reply
    Thing for soooo
  • wize up (23/04/2019, 20:53) Like (14) Dislike (4) Reply
    dont Jump in the water if you cant swim
  • :) (23/04/2019, 21:24) Like (30) Dislike (7) Reply
    That would be a stinging blow if Mark has to pay Willock's legal fees especially since this could have been avoided if he just accepted his seat like the other 12 elected members of the HOA.
  • Double Dutch (23/04/2019, 23:57) Like (10) Dislike (3) Reply
    He will have to pay double legal cost on May 2
  • Nemo (24/04/2019, 07:43) Like (21) Dislike (5) Reply
    Can't pay, don't play. Prevailing party is well established practice in UK based common-law. The idea is not to waste the court's (and everybody else's) time with cases that have dubious merit. Next time, write the resignation letter, sleep on it, and then decide if you really need to turn it in. Move on. Life outside politics can be quite enjoyable. You ought to have been able to save for a nice comfortable retirement.
  • end game (24/04/2019, 08:00) Like (25) Dislike (0) Reply
    Can’t wait for this to end yall
  • Charley Rose (24/04/2019, 10:14) Like (14) Dislike (1) Reply
    The court case was a very good learning experience for many in the territory. Those persons who were deliberating whether the Hon, Speaker was wrong are changing their chorus and putting their tails between their legs. I knew that Hon Vanterpool letter was valid for his resignation despite it went to the clerk of the House of Assembly.

    The jury is out and it seems as though the outcome of the case will justify the Hon Speakers action for not swearing in the Hon. Vanterpool. Well it is just a matter of time. It is time for all in the territory to move on and the business of government will progress. The lesson was a reflection on the Attorney General's performance. No one should rejoice over the fiasco. The people of the Virgin Islands were given a good lesson on democracy an how it works.
    • Quiet Warrior (24/04/2019, 17:06) Like (3) Dislike (0) Reply
      Concur. To whom the letter was addressed is a red herring. The theory of the case is grounded on intent. “The lesson was a reflection on the Attorney General's performance.” Simply, an AG should be neutral. Just the law.
  • bayboy2 (24/04/2019, 10:22) Like (7) Dislike (0) Reply
    Hurry up and get this verdict. My popcorn getting cold!!!!!!!
  • 1 (24/04/2019, 21:35) Like (0) Dislike (2) Reply
    By election baby
  • Sigh15 (24/04/2019, 23:39) Like (1) Dislike (1) Reply
    Tired of Mark and he machinations......could we pls end this madness!!! Because that’s all it’s been reduced too.....#next


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