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UPDATE: Former Magistrate Rosan-Bunbury loses appeal for judicial review

Court of Appeal upholds lower court's decision
Mrs Charmaine Rosan-Bunbury, a partner in law firm Rosan Law, is before the Court of Appeal seeking to overturn the decision she lost requesting a judicial review after being sent on leave for alleged insubordination and refusing to carry out instructions of the then Senior Magistrate Valerie Stephens, and Permanent Secretary David D. Archer, along with being interdicted.
Charmaine Rosan-Bunbury was interdicted from duty by UK-appointed Governor William B. McCleary on the advice of the Judicial and Legal Service Commission. Photo: VINO/File
Charmaine Rosan-Bunbury was interdicted from duty by UK-appointed Governor William B. McCleary on the advice of the Judicial and Legal Service Commission. Photo: VINO/File
The Court of Appeal of the Eastern Caribbean Supreme Court is to give its decision on September 20, 2013 in the matter involving interdicted Magistrate Charmaine Rosan-Bunbury and the Judicial and Legal Services Commission. Photo: VINO
The Court of Appeal of the Eastern Caribbean Supreme Court is to give its decision on September 20, 2013 in the matter involving interdicted Magistrate Charmaine Rosan-Bunbury and the Judicial and Legal Services Commission. Photo: VINO
Mrs Charmaine Rosan-Bunbury is also accused of being insubordinate to Deputy Governor V. Inez Archibald. Photo: VINO/File
Mrs Charmaine Rosan-Bunbury is also accused of being insubordinate to Deputy Governor V. Inez Archibald. Photo: VINO/File
The circumstances surrounding Rosan-Bunbury's interdiction stemmed from her heading the Magistrate’s Court from April 21 through 29, 2011 when Magistrate Valerie Stephens (in photo) was overseas because, according to Rosan-Bunbury, Senior Magistrate Stephens allegedly had wanted the now sitting Senior Magistrate Tamia Richards to preside. Photo: VINO/File
The circumstances surrounding Rosan-Bunbury's interdiction stemmed from her heading the Magistrate’s Court from April 21 through 29, 2011 when Magistrate Valerie Stephens (in photo) was overseas because, according to Rosan-Bunbury, Senior Magistrate Stephens allegedly had wanted the now sitting Senior Magistrate Tamia Richards to preside. Photo: VINO/File
ROAD TOWN, Tortola, VI – Interdicted Magistrate Charmaine Rosan-Bunbury had her hopes for a judicial review shattered when her application in the Appeals Court was denied yesterday September 20, 2013.

The decision was given orally in the Court of Appeal of the Eastern Caribbean Supreme Court by Justice Ola Mae Edwards. Justices Davidson Baptiste and Olga Mae Edwards were also on the bench during the hearing.

On September 18, 2013 in the Appeals Court, Mrs Rosan-Bunbury had presented her arguments as to why she should be granted a judicial review. High Court Judge Mr Wesley James had denied her application for same resulting in her moving to the Court of Appeal.

Rosan-Bunbury is now likely to take her matter to the Privy Council, which is the final available option.

See previous article posted September 19, 2013

Rosan-Bunbury’s appeal matter adjourned to Sept. 20

ROAD TOWN, Tortola, VI –Interdicted Magistrate Charmaine Rosan-Bunbury and the Judicial and Legal Services Commission have to wait another day for the decision in their matter before the Court of Appeal of the Eastern Caribbean Supreme Court.

Justice Davidson Baptiste had told the Appeals Court yesterday September 18, 2013 that he was going to give an oral decision today, however, when the parties turned up at the High Court building this morning they were told by a staff of the court that the hearing was adjourned to 9:00 A.M on September 20, 2013.

Mrs Rosan-Bunbury is before the Court of Appeal seeking to overturn High Court Judge Mr Wesley James' decision. Judge James had refused leave to apply for judicial review. Mrs Bunbury argument was that the constitution does not permit the suspension or interdiction of a Magistrate.

See previous article posted September 19, 2013

Interdicted Magistrate Rosan-Bunbury to hear decision today Sept. 19

The Court of Appeal of the Eastern Caribbean Supreme Court is to give its decision today, September 19, 2013 in the matter involving interdicted Magistrate Charmaine Rosan-Bunbury and the Judicial and Legal Services Commission.

Mrs Rosan-Bunbury is before the Court of Appeal seeking leave to apply for a judicial review of a decision upheld by the High Court on alleged insubordination and the purported decision of the then senior Magistrate Valerie Stephens to appoint an additional Magistrate to act as Senior Magistrate.

The Appeal is against the Judicial and Legal Services, the governor, the Attorney General, among others.

Mrs Rosan-Bunbury’s case was one of the first to kick start the sitting of the Court of Appeal in the Virgin Islands on September 18, 2013. Presiding over the matter are Justices of Appeal Louise Blenman, Mr Davidson Baptiste and Ms Ola Mae Edwards.

The hearing took hours yesterday morning as the Justices of Appeal sought clarifications on a number of aspects that were enshrined in Rosan-Bunbury’s grounds of appeal.

Following the completion of her’s and that of the Respondent represented by Attorney General Christopher Malcolm and supported by Miglisa Cupid, Maya Barry and Isis Potter, Justice of Appeal Mr Davidson Baptiste informed the court that the decision will be given orally on September 19, 2013.

AG Malcolm had presented to the Court of Appeal that based on the facts of the case there was nothing wrong with the process that was carried out and that the ruling handed down by High Court Judge Wesley James on May 4, 2011 for insubordination and misconduct should be upheld.

Among the arguments put forward by AG Malcolm was that for the period under contention prior to the High Court Judge Wesley’s ruling, Mrs Rosan-Bunbury was paid her salary in full and that she was never stripped from her position as Magistrate.

Mrs Rosan-Bunbury, who represented herself through the law firm Rosan Law, sought to establish that the High Court had indeed erred in its judgment against her.

Charmaine Rosan-Bunbury was interdicted from duty by UK-appointed Governor William B. McCleary on the advice of the Judicial and Legal Service Commission (JLSC) for allegedly being insubordinate to the then Senior Magistrate Valerie Stephens, Deputy Governor V. Inez Archibald and Permanent Secretary (PS) in the Deputy Governor’s Office David D. Archer.

Rosan-Bunbury was also accused of misconduct.

The circumstances surrounding her interdiction stemmed from her heading the Magistrate’s Court from April 21 through 29, 2011 when Magistrate Stephens was overseas because, according to Rosan-Bunbury, Senior Magistrate Stephens allegedly had wanted the now sitting Senior Magistrate Tamia Richards to preside.

35 Responses to “UPDATE: Former Magistrate Rosan-Bunbury loses appeal for judicial review”

  • xxxxxxxx (19/09/2013, 08:27) Like (5) Dislike (131) Reply
    Her only sin is she is a B V Islander
  • egg face (19/09/2013, 08:51) Like (0) Dislike (5) Reply
    many locals have almost the exact same story. Amazing.

    • overseas (19/09/2013, 09:24) Like (7) Dislike (0) Reply
      I intend no disrespect for Ms. Bunbury, and I wouldn't know her if she sat next to me. This is not about her, this is about the law and what the law (supposedly?) says.

      • chupss (19/09/2013, 09:33) Like (8) Dislike (115) Reply
        I for one believe she is treated this way because she is a local…For those of you who will come on this site and are anti-BVI extremists and get bolder by the day with your disgust and hatred for B V Islanders. All I have to say to you is the fact the British Virgin Islands is the home of the BVI People.

        If you are Anti-BVI pack up, leave and return to your country of origin. Attempt to make a life there. If things were so great there why did you leave and bring your racism and hatred to our shores? Oh I forgot, you will never make the money that you make here there. You will never have the ability to own the assets that you have here there. You are subject to taxes in every possible way there.
        • please (19/09/2013, 12:29) Like (15) Dislike (1) Reply
          hush!!! same thing again, ........born here mentality!!! not because u born her you can do wrong and get away with it!¬!!!!- u should probably get the exact facts and see for yourself!!
        • please (23/09/2013, 13:13) Like (1) Dislike (0) Reply
          Well you cant be talking to me because i from here and i still think she need to go sit her silly self down. from wasting ppl time. what wrong was done to her. the position she wanted is a bvislander in it so i dont see how anybody against her for being a bvislander...she aint and wasn't qualified for the position. She could go how far she want to go all she will do is come back with shame...even her own sister gone leave her in her mess. bout local. ur name says it all STUPES!!!!
          • Sister (23/09/2013, 16:23) Like (0) Dislike (1) Reply
            Hey whomsoever you are, this is her Sister Sheryl Rosan I will stand by my sister till Jesus comes. So don't drag me into YOUR MESS. And don't try to get into my business about why I am not at Rosan Law. But just in case you want to know. It was not meant to be that way.
      • gun (21/09/2013, 13:06) Like (0) Dislike (0) Reply
        I swear cant please you people.

  • ABC (19/09/2013, 08:55) Like (7) Dislike (36) Reply
    An expat is running the country. Last time I checked the governor was not a BVIslander. Ultimately the buck stops there. Next fallacy please...

  • la la la la (19/09/2013, 09:17) Like (18) Dislike (0) Reply
    that whole family need pray
  • BREAKING NEWS (19/09/2013, 09:43) Like (7) Dislike (29) Reply
    My goodness, this place is about the weirdest when it comes to the approach to how the treat their own people so the DG and bow tie went on the side of a Jamdown over a local…
    • rattie (19/09/2013, 11:34) Like (4) Dislike (58) Reply
      This is insane. No other people in the civilised world would treat their own this way
  • Yes (19/09/2013, 10:16) Like (0) Dislike (0) Reply
    ....and that is all!
  • hm (19/09/2013, 11:08) Like (11) Dislike (0) Reply
    This has nothing to do with locals against expats. Why does everything have to come downtown that. ...After all is Ms. Richards not also a local.
    • civil servants (19/09/2013, 11:59) Like (7) Dislike (9) Reply
      This is what the BVI has come to and folks we have to face the reality that being a Local in the BVI means you are a second class citizen and chances for upper mobility will be limited for a long time to come.

  • Candasie (19/09/2013, 11:16) Like (4) Dislike (4) Reply
    The fact is the constitution of the Virgin Islands 2007 makes no reference to a senior magistrate, so you do your research and come to your own conclusion. Fair is fair and girl stand up for your rights!
  • Webster (19/09/2013, 21:06) Like (1) Dislike (1) Reply
    Well let's see how the Appeal judges will rule. I'm waiting with baited breath.
  • hard one (21/09/2013, 10:33) Like (1) Dislike (57) Reply
    so sorry for her
  • LAW (22/09/2013, 13:19) Like (0) Dislike (2) Reply
    Will any one stand up for the BVI people?
  • Know when to stop (22/09/2013, 22:18) Like (4) Dislike (1) Reply

    This woman should have just apologized for her alleged actions; she could have still had her job.

    • la la la la (23/09/2013, 09:53) Like (2) Dislike (1) Reply
      That's when they think they know more than anyone, she was saying "I AM FROM HERE" also and as a has been judge she should of known better,
  • Agree (23/09/2013, 12:10) Like (3) Dislike (0) Reply
    I agree with you, in my opinion, I dont think this matter is about local or expat. This matter is about a judge who clearly does not know when to stop, and has to win at any costs, sometimes winning is apologizing.

    We often think we have to be big, bad and bully to our own detriment. Her "toughness" in this case continues to make her look like a fool. All those judges cannot be wrong, becaused on the evidence Mrs. Bunbury, you are clearly wrong. Do not embarrass yourself any further by going to the privy council. Quit while you are ahead.
  • Exactly (23/09/2013, 13:19) Like (1) Dislike (0) Reply

    I dont know why all these fools on her talking bout stand up for citizens and who born here and who local...far as i know Ms. Richards born and bred in Long Look and Ms. Stephens gone bout she happy business long time...the only one prolonging is Bunbury. What she hoping to gain i have no idea but is one thing is sure if she take her mess up to privy council she will surely get what she looking for...this is not a difficult case...she was not right for the position and they gave it to someone else, she chose to act like the world is hers and she found out that it is not!



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