UPDATE: Morris in full support of controversial ‘delegation of powers’
Morris has also expressed disappointment with the two police officers, who have filed a challenge in the High Court against him and the Attorney General over the move by Governor McCleary since he felt that the aggrieved officers should have sought the internal avenues for redress before seeking civil litigation.
The officers, Mr Leonard Fahie of Lambert Estate and Mr Hendrickson Williams of Spooner's Estate, are contesting that the Governor has no power to make a delegation of power regulation, which now allegedly gives the Acting Police Commissioner more power than the Governor and the Police Service Commission.
In addition, Police Officers Fahie and Williams are claiming that any and all things done and actions taken or directed in pursuance of the 2012 Regulations, including the making of the RVIPF promotion policy in April 2012 are in consequence ultra virus of the Constitution and therefore should be null, void and of no effect.
Speaking on the CBN Channel 51 television show Real Talk, hosted by Karia Christopher on December 12, 2012 Mr Morris admitted that powers delegated to the Police Service Commission under the Virgin Islands Constitution was delegated to the Office of the Police Commissioner by the Governor. “Under the constitution we have the Police Service Commission which is appointed to appoint, discipline and promote, that has been delegated by the Governor back to the office of the Commissioner to undertake the discipline and promotion appointments within the force,” Mr Morris stated.
According to Mr Morris, as the head of a disciplined organisation as the Royal Virgin Islands Police Force, the Police Commissioner should have that authority to promote officers that deserve promotion, to discipline officers who deserve disciplining and to be able to transfer officers for operational requirements around the force.
“And I am a firm believer that the Commissioner should be allowed to do that or be held accountable for doing that and that is where I see the role of the Police Service Commission and the role of the Governor...To do that we need to have clear transparent policies and in terms of promotions that is what we have done, we have written a Force Promotion Policy, we consulted on it with the Police Service Commission, with the Governor, made sure it went to the A.G. in terms of making sure it met the requirements of the Constitution and Legislation, spoke with the Police Welfare Association that represents the mass within the force and once it was agreed and approved we went forward with the promotion process.”
Mr Morris explained that the promotion policy involved testing the competence of officers, “so it’s not about where you from, or who you are, or how long you’ve got in the police service, it’s about performance appraisals, so we took into account previous performance appraisals, it’s about how often you go sick, it’s about turning up for work, it’s about your disciplinary record, it’s about being able to pass an exam, which involves legislation, criminal code, police policy procedures,...the last thing the community wants is to have a police officer who don’t know what offenses are being committed etcetera...and it’s about being able to be questioned on your knowledge, which is where experience and knowledge comes in.”
The top cop said officers vying for promotion were assessed by a Board, consisting of independent persons as well as from within the Force, and persons who did not make the Force’s standard qualification mark of 60% were free to appeal the scores if they were between 55 and 59 percent.
“It was an independent remark and we did that with a few officers, they appealed, we independently remarked them and we scored upwards...”
Suggesting that the two police officers have moved to the court against him because they are aggrieved that they did not make the grade for promotion, Mr Morris said he was disappointed that they did not appeal to the Police Service Commission or the Governor before moving to the court.
“My disappointment over this is the fact that the policy does allow for people, who feel that they have been unfairly treated through the promotion policy specifically, to appeal to the Police Service Commission and to the Governor before resorting to civil litigation...So we did have an appeals process. Two individuals concerned did not appeal to the Police Service Commission, they went straight to civil litigation, which is their right and entitlement but I am just disappointed that they didn’t see that they could have come through the Police Service Commission and the Governor to raise their concerns and for those concerns to be addressed.”
Noting that the case was difficult to comment on because it is a civil litigation, Mr Morris said the Attorney General is dealing with it and “I am sure the Attorney General will manage it through and will defend it or the decisions in terms of the claims.”
Virgin Islands News Online understands the Attorney General has not filed a defence, but instead is asking for the case to be struck-out by the judge. The A.G. is reportedly claiming that the suit is vexatious, meaning that it was filed by officers because they are allegedly upset over promotion.
The first hearing of the claim was heard by High Court Judge Vicki Ann Ellis in chamber on December 13, 2012.
The matter will be called again sometime in March, an attorney attached to Dancia Penn and Co., which is representing the two police officers, told Virgin Islands News Online.
“That is difficult because some people think that they should get what they deserve because of the fact that they have been in the organisation longer than anybody else. Well am afraid that I come from the school where to get promoted or to specialise you have to earn it,” Mr Morris concluded.
Copy of controversial document “The Police Service (Delegation of powers) Regulations 2012 made and signed by His Excellency, the Governor Boyd McCleary, and published in the official Gazette as a Statutory Instrument (as extracted from official Gazette)
Virgin Islands
Statutory Instrument 2012 No.14
The Virgin Islands Constitution Order, 2007
(2007) No.1678)
The Police Service (Delegation of Powers) Regulations, 2012
[Gazetted 20th April, 2012]
The Governor,in exercise of the powers conferred by section 97(5) of the Virgin Islands Constitution Order, 2007 (2007 No.1678) makes the following Regulation.
Citation and Commencement
1. These Regulations may be cited as the Police Service (delegation
of Powers)Regulations,2012 and shall come into force on 1st May, 2012.
Delegation of power to appoint and discipline. Chapter 165[Police Act]
2 (1) The power vested in the Governor by section 97(1) of the Virgin Islands Constitution Order, 2007(2007 No.1678) to make appointments to offices in the Police Service below the rank of Superintendents as defined in the Police Act is, delegated to the Commissioner of Police.
2 (2)The power vested in the Governor by section 97(1) of the Virgin Islands Constitution Order, 2007(2007) No.1678) to exercise disciplinary control over persons holding or acting in offices below the rank of Superintendent is delegated to Gazetted Police Officers as defined in the Police Act and to Inspector.
Chapter 165[Police Act]
2 (3) In exercising the powers delegated under sub-regulation (1) or (2), the Commissioner of Police, a Gazetted Police Officer and an Inspector shall act in accordance with part IV of the Police Act.
Reservation of powers to dismiss.
3.The power to remove from office persons holding office in the Police Service is reserved to the Governor acting in accordance with the advice of the Police Service Commission in accordance with section 97 of the Virgin Islands Constitution Order,2007(2007 No.1678).
Made by the Governor this 16th day of April, 2012.
Signed by Boyd McCleary
Governor (British Virgin Islands)”
See previous story posted on December 13, 2012
1st hearing involving 2 Police Officers & David Morris done in Chamber
The first hearing of the claim made by two police officers against Acting Commissioner of Police David Morris and Attorney General Dr Christopher Malcolm was heard by High Court Judge Vicki Ann Ellis in chamber on December 13, 2012.
The matter will be called again sometime in March, an attorney attached to Dancia Penn and Co., which is representing the two police officers, told Virgin Islands News Online. The attorney declined to comment any further.
The officers, Mr Leonard Fahie of Lambert Estate and Mr Hendrickson Williams of Spooner's Estate, have filed a challenge in the High Court to contest that the Governor has no power to make a delegation of power regulation, which now gives the Acting Police Commissioner more power than the Governor and the Police Service Commission.
It is vital to note that retired Police Commissioner Reynell Frazer was never given these powers under this same governor.
According to our sources, the Attorney General has not filed a defense, but instead is asking for the case to be struck-out by the judge.
The A.G is reportedly claiming that the suit is vexatious, meaning that it was filed by officers because they are upset over promotion.
See previous story posted on December 13, 2012.
AG wants court case against David Morris struck out
- Dr Malcolm has allegedly not filed a defence in case brought by two police officers
ROAD TOWN, Tortola, VI- Virgin Islands News Online has been informed that the Attorney General Dr Christopher Malcolm wants the the matter involving two police officers against Acting Commissioner of the Royal Virgin Islands Police Force (RVIPF) David Morris to be struck out.
The first hearing for the suit, which has Mr Morris as the first defendant and the AG as the second defendant, is set for 9 A.M. today in the High Court.
According to our sources, the Attorney General has not filed a defense, but instead is asking for the case to be struck-out by the judge.
The A.G is reportedly claiming that the suit is vexatious, meaning that it was filed by officers because they are upset over promotion.
The two police officers of the RVIPF are taking the Acting Police Commissioner to court over what they described as violations of the Virgin Islands Constitution. The matter was filed in the High Court on November 15, 2012.
The officers, Mr Leonard Fahie of Lambert Estate and Mr Hendrickson Williams of Spooner’s Estate, have filed a challenge in the High Court to contest that the Governor has no power to make a delegation of power regulation, which now gives the Acting Police Commissioner more power than the Governor and the Police Service Commission.
It is vital to note that retired Police Commissioner Reynell Frazer was never given these powers under this same governor.
The claimants are being represented by Dancia Penn and Co.
The police officers are contenting that their rights under section 12 of the Virgin Islands Constitution Order of 2007 have been and are being breached and accuse David Morris of acting ultra vires to section 97 of the VI Constitution.
In addition, Police Officers Fahie and Williams are claiming that any and all things done and actions taken or directed in pursuance of the 2012 Regulations, including the making of the RVIPF promotion policy in April 2012 are in consequence ultra virus of the Constitution and therefore should be null, void and of no effect.
Section 97(1) of the V.I Constitution states “Power to make appointments to offices in the Police Force and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Governor, acting in accordance with the advice of the Police Service Commission-but the Governor, acting in his or her discretion, may act otherwise than in accordance with that advice if he or she determines that compliance with that advice would prejudice Her Majesty’s Service”.
Subsection (5) of Section 97 of the VI Constitution also states “The Governor, acting after consultation with the Police Service Commission, May, by regulations published in the Gazette, delegate to any member of the Commission or any public officer or class of public officer,(to such extent) and subject to such conditions as may be prescribed in the regulations, any of the powers vested in the Governor to make appointments to offices in the Police Force and to remove or exercise disciplinary control over persons holding or acting in such offices; and except in so far as regulations made under this subsection otherwise provide, any power delegated by such regulations may be exercised by any person to whom it is delegated without reference to the Police Service Commission”.
The claimants believe these sections under the constitution have been breached by the Governor.
The Officers are seeking a declaration that the examinations conducted by the Acting Commissioner of Police acting on the authority purportedly given to him by the 2012 Regulations are of no legal effect in that among other things the appointment of a Promotions Board for the conduct of an examination for promotion within the Royal Virgin Islands Police Force contravenes the constitution by taking away the role and purpose given to the Police Service Commission under the Constitution.
The Acting Commissioner Morris had told the media a couple of months ago that the promotion policy implemented earlier this year for the force will not be scrapped, despite the many concerns raised internally by ranks.
Morris said that the RVIPF will now review the policy to safeguard the integrity of the policy. He explained that the process was approved by the Governor, the Police Service Commission and the Attorney General's Chambers.
The new promotion policy was first announced at a meeting held on, May 1, 2012 at the St. Georges Primary School, which was organised by the Road Town Anti-Crime Group.
Now officers in line for promotion, he had said, will have to show they have aptitude.
“They have to pass examinations, show that they have competent skills and the knowledge to be promoted,” Morris had stated.
In addition to that, the acting Commissioner of Police revealed that senior officers are being held accountable for their officers. Furthermore, he said he had tasked the Police Human Resource Department to recruit 22 officers this year to fill the gaps within the Force.
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43 Responses to “UPDATE: Morris in full support of controversial ‘delegation of powers’”
Definition of Vexatious Litigation-from my law-dictionary:"Vexatious Litigation is a Civil action [civil suit]shown to have been instituted maliciously and without probable cause,and which may be protected against by injunction". A.G,wait a minute.Legal team is not educated;he is just playing lawyer,with intelligence from god. A.G,you are a lawyer,with many legal qualifications.Legal Team wrote to yo A.G,an 11-page letter,which he posted to Her Majesty,the Queen,at Buckingham Palace, and I legal team,explain the Constitution in "TOTO"segment by segment,to show you that the Governor has no power in section 97(5) of the V.I Constitution,to make a law in the BVI and I.D that law in the Gazette as a Statutory Instrument # 14. A statutory Instrument[law] must be made by parliament under section 78 and 79 of the V.I Constitution! The Governor made his own law,which is inconsistent with section 97(1) and he unlawfully took the powers of the Police Service Commission,and also his powers[both under section 97(1) and gave out "Her Majesty's Powers" to David Morris,for David Morris to go under the Police Act-Section 11(2) and part IV-Section 33-43,to execute the Powers of a Governor and the powers of the Po.S.C? The Governor and the Po.S.C,do not have power under section 11(2) and sections 33-43,of the police Act,but the Governor's unlawful-law is instructing the COP,to execute the Governor's power under a police act where Governor himself have no power?A.G,what kind of MAKAKWEE law is that?And because 2 bl@ckmen namely[Fahie-Martin Luther-King and Williams-Nelson Mandella] are utilizing section 31 of Her Majesty's Constitution,to challenge Botha's lawlessness in a b...kman's country,that action can be seen as "Vexatious Litigation"? A.G,go and defend the Governor's unconstitutional law.Stand up in court with jacket and bo-tie and defend the Governor's law! If you cannot defend it,call the legal team for advice.I advise you in my 11-page letter! My legal advice is FREE!
Knight stop making an !d!ot of yourself man. Enjoy your retirement.
@ are we there yet, go read the constitution fool!! Stop being ignorant!! This is why injustice is being done to our people. They know you guys don't read and understand the facts of situations,all you do is go off of hear say. All of you on here blogging about dunce, promotion and passing test need to take a look at yourself,because these two men are much smarter than you!!!
Knight Rider needs help. WTF is he ranting about? Whoa!! Chip on your shoulder much? Let the thing play out in court. I dealt with the Police myself recently and some of them are DUMB!!!!!!! They can't spell, don't have any common sense and as someone said, you literally have to do your own statement, and these are cops that have been there a long time. Knight Rider you were educated, you passed. Why the hell are you defending this bull$h1t? if they can't pass they shouldn't be promoted.
Sirs, we thank you for standing up to Dr. do little- Moris and bias- McCleary and for doing what is best for all
the BVI and the RVIPF. Please keep doing so.
The BVI People
Anyway back to the point, if these guys were told that the COP is acting under powers vested to him under a certain statute and there is a question as to the validity of it in that the governor may have abused his power and acted beyond what is regarded as constitutional, then yes they have a right to challenge the source of this statute. Also they are represented by Dancia Penn & Co. Now I am sure that this firm would have exercised pre action protocols and encouraged these officers to take their issue up with the COP and other related parties directly before proceeding with any litigation. Very insightful @knightrider for letting us know that they did do this before hand which Morris denies. Morris' denial making the officers look real stupid and is also an insult to the firm that is representing them.
What do I know? I am only speaking as an outsider. I have no knowledge as to the actual going ons but @knight rider, you would know better so if I had to choose between you and Morris' representations, I would choose yours: your neck not on the line...his is! No renewal of contract for Morris. Put the right people in these high positions please. I mean I have to be real honest, some of these bvi officers seem to be very lousy at the job but maybe when the people are rewarded properly then they would be motivated to serve the country better. Nothing worst than working hard without reward.