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UPDATE: Advance Marketing files case in Appeal Court on order of Judge!

- No libel case successful against VINO or Julian Willock as erroneously reported by Tabloid BVI Beacon or pro-government online news site Platinum
A company of which Dr. Hubert O'Neal is a Director-Roberson O'Neal Enterprises took Dr. Cassandra Titley O'Neal to court over the estate of her late father Amos Jerome O'Neal. Virgin Islands News Online reported about the court case and Dr. O'Neal has claimed libel. The case is still not over and will be heading to the Court of Appeal on a Default Judgement matter. The news site continues to stand by its story. Photo: VINO/File
Virgin Islands News Online has become the number one news site for the past 6 months. As a result, two pro-government media houses, BVI Platinum and the tabloid BVI Beacon continue to do politically motivated articles against the site. It has not affected the news site in anyway. Virgin Islands News Online is still the most trusted site for breaking news, accurate information and many sources within government and team of reporters that give it the edge in always having the news first. Image: VINO
Virgin Islands News Online has become the number one news site for the past 6 months. As a result, two pro-government media houses, BVI Platinum and the tabloid BVI Beacon continue to do politically motivated articles against the site. It has not affected the news site in anyway. Virgin Islands News Online is still the most trusted site for breaking news, accurate information and many sources within government and team of reporters that give it the edge in always having the news first. Image: VINO
ROAD TOWN, Tortola, VI- True to their word and complying with the order of High Court Judge Vicki Ann Ellis, lawyers from Advance Marketing and Professional Services on November 14, 2012 filed their case in the Court of Appeal to set aside a Default Judgment involving Dr. Hubert O’Neal.

Judge Ellis had on November 6, 2012 told lawyers for Advance Marketing and Professionals Services, the parent company of Virgin Islands News Online, that they were in the wrong court seeking a set aside of a Default Judgement.

The Default Judgement was awarded to Dr. Hubert O’Neal on September 24, 2012 by Master Charlesworth Tabor because the defendant’s name was changed on the libel suit about an article written about a company involving Dr. O’Neal and therefore the company missed a dead line of the court to file a few papers.

Advance Marketing and Professional Services then requested via the High Court that the Default Judgement issued be set aside because of error of law by Master Tabor, so the case can go to trial.

However, high court Judge Vicki-ann Ellis told both sides that was not within her jurisdiction to set aside the Default Judgement from another High Court Judge despite law cases and other precedents presented by Advance Marketing and Professional Services’ lawyers.

Judge Ellis said Advance Marketing and Professional Services will have to go to the court of Appeal to ask for the set aside of judgement, which most legal observers say should be easily won.

Both sides agreed with Judge Ellis' decision and in fact lawyers for Dr. O’Neal augured the same thing in their presentation before Judge Ellis.

Therefore, there has been no case won as again erroneously reported by the pro-Government Online News site, BVI Platinum News.

Virgin Islands News Online is now the number one online news site in both the British and US Virgin Islands and has knocked the pro-government news site out of that spot some six months ago. Many have said that is the main reason the pro-government site BVI Platinum News goes out of its way to write negative articles about Virgin Islands News Online.

Virgin Island News Online still stands by its story on Robinson O’Neal Enterprises and Cassandra Titley O’Neal Phd.,  

Background/ Statement issues by Advance Marketing and Professional Services on Nov. 7, 2012

Virgin Islands News Online has found it necessary to respond to a very misleading article, which appeared on one of the pro-government Online News site Platinum on November 7, 2012 under the headline “Willock Appeal Dismissed in libel case involving VINO: Court to assess Damages”

We were not surprised to have received many phone calls from some of our over eight thousands readers per day, advertisers and supporters in regard to the deliberately erroneous article by our main competitor BVI Platinum News, which was posted today, November 7, 2012 with their false and politically motivated claim.

All the court did was to ask that the matter of the Default Judgement be filed before the court of Appeal as the high Court was not the correct court, so therefore the matter is not over.

Firstly, no libel case was brought against Virgin Islands News Online.  There was a case brought against Advance Marketing and Professional Services, to which the name of our former Director, the esteemed Julian Willock, still appears on our trade license, and was later added as the first defendant.

Furthermore, BVI Platinum News’ headline in their article is grossly misleading, as on September 24, 2012 Master Charlesworth Tabor sided on a Default Judgement, which means that the case never even went to trial.

This means Advance Marketing and Professional Service and Virgin Islands News Online, which wrote the article, never had an opportunity to prove the facts of the case in a court of law.

What is a Default Judgement?

A Default Judgement is a judgement in favor of either party based on some failure to take action by the other party. Most often, it is a judgement in favor of a plaintiff when the defendant has not responded to a request of the court in a timely manner without due and good reason.

The failure to take action is the default, not that Dr. O’Neal won his case in a court of law or that the story written by the news site was libelous.  In fact, most legal experts that looked at the case had already concluded that Dr. O’Neal could not have won in court since what the news site reported was already public information filed at the High Court Registry, therefore it could not have been considered libel.

A Default Judgement can therefore be compared to a forfeit victory in sports.

However, before the name change of the first defendant Advance Marketing and Professional Services was dealing with the matter and had retained counsel from overseas; however, when Mr. Willock’s name was added to the case as the first defendant he took over the case from the parent company Advance Marketing and Professional Services and he requested more time to obtain his own legal counsel.

Mr. Willock then retained the law firm of Thornton Smith to deal with the matter.  In the hearing of November 6, 2012 the Judge simply told both parties that they were in the wrong court.

Virgin Islands News Online stands by its original story that we reported since it was based on facts about Robinson O’Neal Enterprises and Cassandra Titley O’Neal Phd., who is the administrator of her late father, Amos Jerome O'Neal’s estate. This news site is never in the habit of pursuing any personal attack and agenda against anyone, unlike two other media houses - one online news site and a tabloid newspaper.

With well over two and a half years of operation, Virgin Islands News Online has already established itself as solid, creditable, accurate, objective and not linked to any political party or family. That is why we are free to be objective and report only the truth, unlike others who can never say that.

That is why people trust this news site exclusively within government and all over to call us daily with inside information and tips on injustice and unfair practices.

This, we might add, is the basis of professional journalism and what all reporters in the Virgin Islands should aspire to achieve.  

We say again to those in the media houses, who continue to delight in the many failed attempts to be critical of Virgin Islands News Online, we humbly and politely suggest that one attack against the media house is an attack against all.  Today it may be this news site, tomorrow it may be yours.

We continue to thank our many readers, advertisers and our team of reporters around the Virgin Islands and the Caribbean and also our other media partners locally and regionally for the support, wise counsel and commitment to free speech, facts, and objectivity.

Virgin Islands News Online will be here for a long, long time as we are not going anywhere anytime soon.

Please click link to see story that was the subject of the libel suit by Dr. Hubert O’Neal.

http://www.virginislandsnewsonline.com/en/news/update-company-involving-dr-hubert-oneal-wins-case-against-family-member

 

38 Responses to “UPDATE: Advance Marketing files case in Appeal Court on order of Judge!”

  • tell the truth (07/11/2012, 14:59) Like (0) Dislike (2) Reply
    tis about time you say someting vino i wated all day to hear the truth!!
  • Virgin Gorda (07/11/2012, 15:03) Like (0) Dislike (0) Reply
    This man is sick! Read the people's lips win or lose we not voting for he!!!

    End of story.

    • north sound (07/11/2012, 15:42) Like (0) Dislike (0) Reply
      my thoughts exactly
      • pro (07/11/2012, 17:30) Like (0) Dislike (1) Reply
        i read Platinum but for real they need to be more fair and objective they so pro NDP
        • TIMR (07/11/2012, 17:46) Like (0) Dislike (1) Reply
          i hafta to agree..
          • Village Girl (08/11/2012, 11:19) Like (0) Dislike (0) Reply
            I for one am not surprise with Platinum behavior but VINO leave them alone they will learn what goes around, comes around
            • to dam lie (08/11/2012, 13:08) Like (0) Dislike (1) Reply
              Thoes Momster at Platinum will pull lies out about VINO from their bottom to save their azzzzzzzes.

  • zbvi (07/11/2012, 15:08) Like (0) Dislike (0) Reply
    Only a heartless people will go after other media houses...from one media house me stop going on NDP Platinum long time mehson
  • good news (07/11/2012, 15:13) Like (0) Dislike (1) Reply
    willock an VINO are my champion.
    • apple pie (07/11/2012, 23:53) Like (0) Dislike (0) Reply
      This is well thought out response my kudos to the people at VINO- not a hustle-jostle, VINO go for it, join forces with we the people and the masses will be with you.
  • x factor (07/11/2012, 15:44) Like (0) Dislike (0) Reply
    At the end of the Storm is always a Rainbow, it s very sad that Hebert didn't seek help from blaming vino for not getting elected
  • man down (07/11/2012, 15:56) Like (0) Dislike (1) Reply
    Having read the Platinum story, I can only say how amazed I am at its deliberate misleading biasness. The author is clearly:
    - Immature
    - Delusional
    - Unfit for any journalism job
    - An enormous embarrassment to the media house in the BVI
  • love boat (07/11/2012, 16:06) Like (0) Dislike (1) Reply
    That's incredible. We must have an election coming up soon why Doc is still up and down wid he piss
  • question (07/11/2012, 16:29) Like (0) Dislike (1) Reply
    So wait, I haven't seen this update/corrections on palatinum??? What happen, the site is down? LMAO!
  • mother hen (07/11/2012, 17:20) Like (0) Dislike (0) Reply
    Reined in finally! There may be some hope for free press and good reporting like you do VINO and the survival now of a free press.

  • rattie (07/11/2012, 22:41) Like (0) Dislike (0) Reply
    VINO we the people will always support yu and will always log on all the best and yes you do have the best and most up to date news
  • Shara Parlin (08/11/2012, 00:05) Like (0) Dislike (0) Reply
    Shame Shame Shame on bvi platinum as for me i only go on that silly site mainly to check the ridiculous, fake blogs written by their staff to give them a lot of comments numbers..some time it seems like they are even stealing VINO comments and rewriting them!!!!! But when I have a bad day and need a chuckle that's the jokey site. All their NDP supporting stories seem to be most often so factually wrong and one sided.
  • bbc (08/11/2012, 01:19) Like (0) Dislike (0) Reply
    Another major f*ck up by Platinum
    • TCI (08/11/2012, 20:24) Like (0) Dislike (0) Reply
      Ugh, what a scumb bag dat Platinum
      • asia (19/11/2012, 13:35) Like (0) Dislike (0) Reply
        but the bvi have platinum and beacon like the National Enquirer..... be for real no one takes them seriously. They have no crediblity that is why a lot of their advertisers pull out!!!!
  • mix up (08/11/2012, 09:53) Like (0) Dislike (0) Reply
    I see Platinum and their nasty politics have been reduced to point scoring at the cost of thinking and engaging in yellow journalism, so that's it for me....never going back to that site!!!
  • LEGAL TEAM (08/11/2012, 21:56) Like (0) Dislike (0) Reply
    Section 23 of the Constitution is alive.Let the people speak.I like vino for that:Let ppl express themselves;be it about Governor,Government or whoever!Thank you vino.Love yah!
  • save (09/11/2012, 10:37) Like (0) Dislike (0) Reply
    VINO if I were you I will just ignore Platinum...No more response to them!!!!! god is not sleeping for Platinum day of reckoning will come!
  • tell it like it is (10/11/2012, 11:05) Like (0) Dislike (0) Reply
    Stand up to them all VINO....we have your back!!!!

    • former reporter (10/11/2012, 17:30) Like (0) Dislike (0) Reply
      I can personally say that BVI Platinum is envious of virgin islands news...
  • loan (12/11/2012, 19:29) Like (0) Dislike (0) Reply
    What next will Platinum and the Beacon try? They both have a real hunger and thirst to be seen as sombodyin the bvi media world.
  • here here here (15/11/2012, 19:09) Like (0) Dislike (0) Reply
    waaaaaaaaaay to go VINO
  • yet again (16/11/2012, 03:56) Like (0) Dislike (0) Reply
    This year's decline in the media trust in the BVI is driven by BVI Beacon and BVI Platinum News....


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