Speaker Willock’s legal costs have not reached $7.2M! - Premier Fahie
Speaker was forced to take independent counsel
Premier Fahie, in responding to a question on the matter by Leader of the Opposition, Hon Marlon A. Penn (R8) during the Sixth Sitting of the First Session of the Fourth House of Assembly of the Virgin Islands on July 31, 2019, said the legal fees for the case between ‘Mark Vanterpool versus the Speaker of the House and the Attorney General, Interested Party’, is being paid by the Government of the Virgin Islands.
The Leader of Government Business explained; however, that the Speaker was forced to seek independent legal representation since the Attorney General had already given legal advice to Hon Vanterpool.
The Premier also reminded it is a matter of public record that Hon Vanterpool submitted a letter of resignation to the Clerk of the House dated March 5, 2019 and that he then issued a statement on his personal Facebook page apologising to his constituents and committee members and followed up with a video blog explaining he had resigned due to personal reasons.
Unprecedented unconstitutional crisis
Hon Fahie reasoned that with Mr Vanterpool subsequently changed his position and asked that he be sworn in as a Member of the House.
“This created an unprecedented unconstitutional crisis as the Speaker had already accepted his resignation. Mr Vanterpool filed two claims against the Speaker with the Attorney General as an Interested Party. Unfortunately the Attorney General could not represent the Speaker because he had given certain advice to Mr Vanterpool.”
Furthermore, Hon Fahie said the Attorney General was himself sued as an independent party in the case.
“The Speaker was then compelled to seek independent legal representation to avoid any conflict of interest and ethical issues that could arise.”
Further, Hon Fahie said the novelty and complexity of the issues raised justified the retention of an independent council for the Honourable Speaker “as we were in unchartered constitutional waters.”
“The matter was of immense importance to our constitutional democracy and Mr Vanterpool had retained distinguish British Queen’s Counsel to advocate his case. It was therefore appropriate for the Speaker to be represented by Senior Counsel.”
The HoA was also told that Mr Vanterpool’s first case for judicial review was dismissed by the High Court on April 13, 2019 with no orders as to cost but his second claim was allowed; however, the court is yet to rule on the question of legal costs.
Speaker’s legal fees nowhere close to $7.2M
At this point, Hon Fraser interjected on a ‘Point of Information’ that with the issue of the court yet to decide on legal fees it was inappropriate for the question of costs to be addressed in the HoA.”
Before Deputy Speaker Hon Neville A. Smith (AL) could have given his decision, Hon Fahie responded, “Mr Speaker, the member is correct but I am not going with this no further. I will tell the people what happened, how it happened and where, when and who and how much.”
He then disclosed that the legal fees incurred to date is $270,526.90 of which $130,525.20 has already been paid. “Because as the Member rightfully stated, the matter is still in court but there are certain fees that will be paid straight up.”
Hon Penn then suggested that the cost against the Government could reach close to half a million dollars.
“So you are saying Premier that [with] the issue of costs still in the courts essentially [the] cost could go up to an additional $120,000 based on my understanding of what Hon Vanterpool paid for his legal case if he is awarded costs. So that is about $490, 000, close to half a million dollars to the people,” Hon Penn opined.
Premier Fahie whipped back: “No, it wouldn’t be as much as the $7.2M for the plane that we haven’t found yet,” referring to the collapsed deal between the previous National Democratic Party (NDP) Administration and BVI Airways that cost tax payers some $7.2M and no direct flights to the VI from the mainland, USA as was promised to the people.
Hon Fahie reiterated that there was an incurred cost to Government because there was a conflict between the Attorney General and the Speaker.
“If there was no conflict then there would have been no bill here as the Attorney General would have been representing the Speaker, but since there was a conflict the Speaker had to get independent legal attorney…which has cost the tax payers some money.”
Regarding the total legal fees to be paid by Government, Hon Fahie said, “Whether it would be more or not I don’t want to pre-empt the courts.”
“So the amount we have is $270,526.90, not no half a million, and the amount paid is $130,525.20, whether it would go down or whether it would go up, whether it would stay the same I cannot tell this Honourable House now…but what information I have now I have provided,” Premier Fahie stated.
15 Responses to “Speaker Willock’s legal costs have not reached $7.2M! - Premier Fahie”
@ Holly, at least the VIP is showing some level of transparency in comparison to the NDP who was lacking in that regard. The former Premier bows out of politics and up to now he has not give account to the people of this territory how our $7.2 million disappeared except to say it’s an investment gone bad. This matter should not be put to rest until we get answers. Over $40 million overspent down on the pier park, but up to now no one can explain what it was over spent on. School children says a former Minister and his then PS had companies in disguise that were benefiting from contracts. Ask the ugly man from Water & Sewage who was laying those pipes down Fort Burt.