Taxpayers saddled with over $100M payouts in lawsuits against Gov’t!
This new culture created after the 2011 election that saw the NDP taking power, included cracking down on press freedom by passing a Cyber Bill to put journalists in jail, Governor Duncan’s routine violations of the constitution and his double standards on law and rules enforcement, some Legislators’ public attack on commerce, citizens, continued victimisation of civil servants, and the allegation of blatant corruption, financial mismanagement, and conflict of interest.
This chickens have now come home to roost, costing taxpayers millions and millions in an already cash strapped Administration, that many say is broke because of maladministration of the Territory's finances.
Governor Duncan to his credit confirmed mismanagement of the Territory’s finances in a series of letters to the Premier and Minister of Finance Hon Smith and the Foreign & Commonwealth Office (FCO) obtained by several media houses.
In one of the letters, Mr Duncan warned the Dr Smith 6-year-old regime (2011-current] that if the reckless spending does not stop he will no longer be able to defend the VI’s financial position to the FCO.
Lawsuits against government increase
Over the past five years, because of the culture of this Government of ‘anything goes’, successful lawsuits against the NDP Administration by private individuals and corporations have resulted in government having to pay out more than 100 million United States Dollars.
Most often the Attorney General or the Office of the Public Prosecutor will appeal all the way up the United Kingdom based Privy Council, the VI’s final court.
A most recent case was between Delta Petroleum (BVI) Limited and the VI Government where Delta won at the Privy Council level in a case involving the illegal seizure of a Delta fuel tank by the HM Customs Department.
The final appeal was taken to the Privy Council by the Attorney General after the Court of Appeal overturned the lower court’s decision that was in favour of Government.
With the Delta Petroleum win, Government may now have to pay as high as $60M in claims as well as legal fees.
Another appealed case that was caused by the current Government after they took power in 2011 was that of E. M. Watts. The previous VIP administration purchased a piece of land from E. M. Watts Development Company to build a ferry terminal in West End on Tortola. Once the NDP took power they abandoned the deal and the company made a $7Million claim for breach of contract.
The Court of Appeal granted E.M. Watts Development some $6Million. However, in an interesting twist, E.M. Watts Development went to the UK based Privy Council saying the lower court had undervalued the property and the Privy Council gave permission for the final court to hear the arguments.
Claims rack up against Government
There are other countless claims that the court had ordered government to pay, including to a family who lost their baby at the Tortola based public Peebles Hospital. The body of the family’s baby girl was disposed by health workers without the knowledge of the parents.
In addition, in keeping with the blatant disregard for individual’s rights and upholding of the constitution, an area where this news site has consistently reported on, the Royal Virgin Islands Police Force (RVIPF) has faced a long list of lawsuits from the public and even from their own officers.
Some of the lawsuits on the violation of officers and residents’ rights overlap from the current to the former Governor.
The government will have to come up with over $500,000 after the Police admitted that they wrongfully arrested a man, Shawn Chinnery, in June 2013 and seized his boat. The court of course ordered Mr Chinnery to be compensated following his lawsuit.
There are many claims still pending, including from a former Magistrate Charmaine Rosan-Bunbury who was unlawfully dismissed from her job and victimised and is seeking over $27M in compensation.
There is also young Virgin Islander businessman Wilfred M. Smith Jr who returned home to invest in his place of birth but his project, a drive through restaurant located in Slaney on Tortola, was reportedly blocked by a Government agency.
Mr Smith is seeking some $1.1M for loss of income, money invested and potential business earnings as his project was stopped by the powerful Town and Country Planning Department, an agency that falls under Premier Smith.
More to come; poor taxpayers
Then there is another pending lawsuit by the former Managing Director of the BVI Ports Authority (BVIPA), Claude O. Skelton-Cline. He is claiming to have had legitimate expectations on a contract renewal after the Ports Board made a recommendation for renewal, however, he was told by some Ministers of Government to wait until after the 2015 snap elections. Once the election was over and the NDP won he was told his contract would not be renewed as the Government wants to take the BVIPA in a different direction.
The court has already granted him permission to proceed with a Judicial Review. If his case is successful it could be another $20M pay out.
While the BVI Health Services Authority (BVIHSA) is tight-lipped over the incident of a woman who died earlier this year while waiting on emergency care at Peebles Hospital, it could be another huge payout to the family.
Outside of what is made public via the court and public information, there have been other countless claims settled on the public purse for Government’s mistakes that are addressed by the Cabinet and the Ministry of Finance but never come to the public. That too, according to information obtained by our newsroom, is in the millions between 2011 to current.
In addition, when Government loses cases they will have to pay for legal costs, adding more money to the claim bill.
The conclusion here is the culture of disrespect for residents and corporations' constitutional rights continues to cost taxpayers dearly.
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36 Responses to “Taxpayers saddled with over $100M payouts in lawsuits against Gov’t!”
ones basic civil rights in the back - they wouldn't get these lawsuits. And even so, even if you are in the right were
you to sue, and even if you can get a lawyer, and even if you WIN the darn thing - GOOD LUCK collecting!
The good guy always looses. No one who has been seriously and malevolently victimized ever gets much or gets
anything. The US is a classic example and smaller places like the VI fall in line.
Look at that one wade costing us so much money for something as simple as that that could have been worked out but they are so superior to us but God sees and knows all their day or reckoning is soon here
No work
No bus service
No ferry
No school
Solidarity is the only way politicians listen to the people.
I aint saying that they should not be responsible but GOSH.... some of these lawsuits can be avoided and some people suing for suing sake.