Got TIPS or BREAKING NEWS? Please call 1-284-442-8000 direct/can also WhatsApp same number or Email ALL news to:newsvino@outlook.com;                               ads call 1-284-440-6666

Nicholas Tranquille challenging CoP in High Court again

- for CoP David Morris allegedly failing to honour High Court ruling
Police Constable Nicholas Tranquille (left) is challenging Commissioner of Police David Morris in the High Court once again. Mr Tranquille had previous won against Mr Morris in the High Court but is returning once again since Mr Morris is allegedly not fulfilling the requests of the High Court. Photo: VINO/File
Police Officer Nicholas Tranquille continues to be represented by Attorney at Law Mr Ruggles Ferguson. Photo: Internet source
Police Officer Nicholas Tranquille continues to be represented by Attorney at Law Mr Ruggles Ferguson. Photo: Internet source
ROAD TOWN, Tortola, VI – In a notice of application for leave to apply for judicial review, Police Constable Nicholas Tranquille is challenging Commissioner of Police (CoP) David Morris for allegedly failing to honour the recent judgement of the High Court of the Virgin Islands which had ruled in the favour of Tranquille.

According to the application seen by this news site, Tranquille is seeking to contest the Respondent/CoP who allegedly refused to exercise his power under Force Standing Order M 7 (4) to waive the requirement that the Applicant pass the examination for promotion to the rank of Sergeant thereby making him eligible for promotion.

Justice Nicole Byer on November 11, 2014 ruled in favour of Police Officer (PO) Mr Nicholas Tranquille who had taken the Commissioner of Police (CoP) Mr David Morris to court for reversal of rank.

The ruling of the judge is that Tranquille be granted a waiver of the promotional examination and the other processes that would be required for officer Tranquille to go through. The CoP was also ordered to pay Tranquille the sum of $2,000 and, according to this news site’s informed sources, this had not been paid to Tranquille up to press time.

Back to the High Court

According to the filed application, Tranquille intends to establish, through the representation of his attorney at Law Mr Ruggles Ferguson of Grenada, that the Commissioner of Police misdirected himself and erred in law when in considering the issue of exercise of his discretion under the Force Standing Order 7 (A), he addressed his mind to the issue of whether the Applicant merits promotion rather than whether it was fair that the Applicant’s name be sent forward to the Police Selection Board and/or Police Service Commission to determine whether he merits promotion.

Tranquille also seeks to establish that the Commissioner of Police failed to take into account relevant matters and took into account irrelevant matters in arriving at his decision not to exercise his power under Force Standing Order M 7 (4) and also under the said force standing, a declaration that the decision of the Commissioner of Police not to exercise his power to waive the requirement that Tranquille sit and pass the examination for promotion to the rank of sergeant was in all the circumstances unreasonable and irrational.

Grounds for Application

Tranquille’s grounds for the filed application are that in a letter dated October 11, 2013 he had applied to the CoP for him to exercise his power and waive the requirement that Tranquille sits and passes the examination for the promotion to the rank of Sergeant.

“The respondent refused to exercise his power on the ground that the Force Promotion Policy, which requires that an applicant for promotion takes and passes the written exam, supersedes his power under Force Standing Order M 7 (4),” states the filed application.

By a letter dated November 20, 2014 the Commissioner of Police had informed Tranquille that he had considered his request as directed by the court and that he had decided not to exercise his power under standing orders M 7 (4).

Further, in a letter dated December 3, 2014 the Commissioner of Police reduced into writing his reason for deciding against exercising his power as requested. “The respondent misdirected himself in considering the issue of exercise of his discretion under Force Standing Order 7 (4) in that he addressed his mind to the issue of whether the Applicant merits promotion rather than whether, it was fair that the Applicant’s name be sent forward to the Police Selection Board to determine whether he merits promotion, pursuant to the promotions policy then in force,” states Tranquille in the application.

Efforts to reach Mr Morris for a comment were not successful as of post time.

The matter is likely to be called in the High Court tomorrow, Monday May 4, 2015.

17 Responses to “Nicholas Tranquille challenging CoP in High Court again”

  • ccc (03/05/2015, 10:06) Like (2) Dislike (5) Reply
    Well saw morris again a man in trouble with the law
    • Concerned, R (03/05/2015, 17:10) Like (4) Dislike (8) Reply
      "By a letter dated November 20, 2014 the Commissioner of Police had informed Tranquille that he had considered his request as directed by the court and that he had decided not to exercise his power under standing orders M 7 (4)." Is the Commissioner of Police above the law or suffers from willful ignorance?
      • @ Concerned, R (03/05/2015, 19:53) Like (3) Dislike (14) Reply
        Like = Is COP above the law, Dislike = Suffers from willful ignorance. You decide...
      • The Law (04/05/2015, 07:14) Like (22) Dislike (1) Reply
        The judge did not / could not order the CoP to waive anything. She order him to consider the request, which he did ... case closed!
  • eyes (03/05/2015, 10:40) Like (9) Dislike (8) Reply
    Both parties have a reasonable argument--That's why we need the Courts to settle matters when both parties think that they are right--" Obey the Court`s decision Mr. big Cop" Be an example to people, let them know that the court decisions must be obeyed. If you disagree, appeal. Don`t disrespect the judge by refusing to obey.
  • wize up (03/05/2015, 11:23) Like (14) Dislike (13) Reply
    why not give both parties tickets out of the BVI....
  • elegal (03/05/2015, 14:07) Like (11) Dislike (0) Reply
    @wize up why don't you go finish school? people have righs where ever they go. so stop this bh nonsense cause your forefathers travelled also.
  • alma (03/05/2015, 14:27) Like (0) Dislike (5) Reply
    that man again he think that he own the b.v.i no body should tell him what to do because he is in charge in my country that cant happen
  • egg face (03/05/2015, 14:41) Like (6) Dislike (4) Reply
    The police commissioner can not be the one not upholding law and order just not right
  • west end police (03/05/2015, 15:43) Like (3) Dislike (6) Reply
    Morris go from the bvi in peace
    • Tired of All You (04/05/2015, 06:08) Like (0) Dislike (0) Reply

      When he going he needs to take Tranquille with him.  So sick of Police continually undermining their own self.

  • in the news (03/05/2015, 17:10) Like (0) Dislike (4) Reply
    so morris breaking the order of the court ie the law and he wants the youths to not break the laws...SMH
  • none (04/05/2015, 09:07) Like (13) Dislike (0) Reply
    Where is this man from? I don't understand, if you are so qualified for the post take the exam, otherwise I'm sure your country could use you. Bounce.
    • Yelr@ (06/05/2015, 00:06) Like (4) Dislike (0) Reply
      You know fully well he is an expatriate. Is that the issue at hand. Is the commissioner from here? No of course not but that to is not the issue. But it is clear what side you're on as you asked your bigoted question. Here's one for you. How many years have this man been serving this beautiful BVI? Has his service been with distinction? Why yes it's has. Why should he or any officer be treated like theiy have no rights in the BVI by someone who came from a jurisdiction full of laws that protects all its citizens? Why in this BVI there seems to be a different dispensation of right, rights when the laws did not segregate anyone? I pray that when you're given the boot up yours from someone who is superior you take your inferior and insular bks to a tall tree.


Create a comment


Create a comment

Disclaimer: Virgin Islands News Online (VINO) welcomes your thoughts, feedback, views, bloggs and opinions. However, by posting a blogg you are agreeing to post comments or bloggs that are relevant to the topic, and that are not defamatory, liable, obscene, racist, abusive, sexist, anti-Semitic, threatening, hateful or an invasion of privacy. Violators may be excluded permanently from making contributions. Please view our declaimer above this article. We thank you in advance for complying with VINO's policy.

Follow Us On

Disclaimer: All comments posted on Virgin Islands News Online (VINO) are the sole views and opinions of the commentators and or bloggers and do not in anyway represent the views and opinions of the Board of Directors, Management and Staff of Virgin Islands News Online and its parent company.