Hon Mark H. Vanterpool, standing, right, shortly after being sworn in as Representative for the Fourth District, attempted to force the hand of Speaker Hon Julian Willock to grant his request to make remarks ahead of time at the Fifth Sitting of the First Session of the Fourth House of Assembly today, July 16, 2019. Photo: VINO

Speaker of House of Assembly (HoA) Honourable Julian Willock was forced to once again rise to his feet in authority as a Member of the Opposition sought to challenge his decision made on a matter raised today, July 16, 2019.

In this instance, Hon Willock was challenged by Hon Mark H. Vanterpool shortly after he was sworn in as Representative for the Fourth District and attempted to force the hand of the Speaker to grant his request to make remarks ahead of time at the Fifth Sitting of the First Session of the Fourth HoA today, July 16, 2019.

Hon Willock informed the new Member of the Opposition that he would have had time to speak during the “Any Other Business” segment of the sitting of the House, which he said is the norm.

“In keeping with what happened on March 12th where all the newly sworn-in members were allowed to speak under Any Other Business, I would prefer that you speak then,” said Hon Willock.

But Hon Vanterpool persisted as he sought to compare the March 12 swearing in to today’s, “On that day (March 12), the only business of the day was ‘Other Business’. Today it is a long list of things to be carried out and I think the people of the Fourth District, in the spirit of democracy, should hear from their member who has just been sworn in.”

Threating to make his speech, Hon Vanterpool once again sat as the Speaker rose to his feet but was up again continuing his plea at which time Hon Willock opted to recess the house.

The history of Willock vs Vanterpool

During this morning’s swearing in, Speaker Hon Willock took time out to outline the events that led to Hon Vanterpool being sworn in four months after he was elected Representative for the Fourth District.

“Honourable Members, I am aware that the constituents of the Fourth District, the media and the public have been following with keen interest the matter of the 5^th March, 2019 resignation of Member-elect, Mr Mark H. Vanterpool and the Speaker’s acceptance of the resignation letter sent to the Office of Speaker, addressed to the Clerk,” Hon Willock recounted.

He said that subsequently, the now Hon Vanterpool took him, and by extension the House of Assembly (HoA), to court to seek remedy over the matter. In addition, he sought an injunction to interrupt the sitting of the House of Assembly and also sought judicial review on the Speaker’s decision to accept his 5^th March, 2019 letter of resignation.

“Both legal actions failed in the High Court. Mr Vanterpool, in addition, did not show up to be sworn in on 12^th March, 2019 like all other Honourable Members in the Chambers to-date.” 

In the latest ruling, the High Court suggested that Mr Vanterpool be sworn in, as according to the learned judge, his letter was invalid simply because it was addressed to the wrong person. Notwithstanding, in the same court decision, the Madam Justice pointed out that the whole issue of sitting the Member should have been a matter addressed by the House.

A change of heart

“My office had appealed the decision, but after consultation and reflection, withdrew all aspects of the appeal on 17th June, 2019. Furthermore, the Leader of government business, Premier and Minister of Finance and Member for the First District, the Honourable Andrew A. Fahie met with me and has expressed both privately and publicly his position that the Member should be sworn in,” said the Speaker.

He added that the Opposition Leader Hon Marlon A. Penn had also shared the view that Mr Vanterpool should be sworn in.

Hon Willock stated that the constitution of the Virgin Islands is the supreme law which everyone is duty bound to uphold.  Of paramount concern to him, he said, is the fact that the longer the legal battle, the greater the disadvantage to the people of the Fourth District who remain without a representative in the HoA, even though they have four At-Large Representatives.

“They should not be made to suffer for the action and conduct of others over which they had no control. They are innocent victims and have been pinned into an undeserving corner from which they must helplessly watch as the drama in the legal and political theatre unfolds without any meaningful relief.”

He added, “I can no longer, in good conscience, continue the distress and inconvenience that the issue of Mr Vanterpool’s resignation has caused to so many. Whilst I appreciate the dynamics of the other voices in this Chamber, there are times when the duty of our office demands that we rise above this and do what is just and right for the people of our beloved islands. I consider this to be one such occasion.”

Meanwhile, after not getting his way with the Speaker, Hon Vanterpool left the proceedings of the HoA to make his statement in the HoA compound to a few persons who had accompanied him for the swearing in. The statement, which focused on allegations against Premier and Minister of Finance Hon Andrew A. Fahie (R1), the Government of the Virgin Islands and the Office of the Elections Supervisor, was live streamed on his Facebook page.

The HoA has since been adjourned until Thursday July 25, 2019.