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UPDATE: Tranquille wins case against CoP

Justice Nicole Byer has today November 11, 2014 ruled and her decision came in favour of Police Officer (PO) Mr Nicholas Tranquille who had taken the Commissioner of Police Mr David Morris to court for reversal of rank. Photo: VINO
The decision in the civil case of Police Officer Nicholas Tranquille (left) against Commissioner of Police David Morris is likely for today November 11, 2014. Photo: VINO/File
The decision in the civil case of Police Officer Nicholas Tranquille (left) against Commissioner of Police David Morris is likely for today November 11, 2014. Photo: VINO/File
Police Officer Nicholas Tranquille is being represented by Attorney at Law Mr Ruggles Ferguson (above). Photo: Internet source
Police Officer Nicholas Tranquille is being represented by Attorney at Law Mr Ruggles Ferguson (above). Photo: Internet source
ROAD TOWN, Tortola, VI - Justice Nicole Byer has today November 11, 2014 ruled and her decision came in favour of Police Officer (PO) Mr Nicholas Tranquille who had taken the Commissioner of Police (CoP) Mr David Morris to court for reversal of rank.

The ruling of the judge is that Tranquille be granted a waiver of the promotional examination and the other processes that would be required for PO Tranquille to go through. "The other process is basically an interview and that's it," clarified PO Tranquille.

"The judge has ruled and the only thing that I am anticipating is that the powers that be would take the instructions from the judge," said PO Tranquille.

"It's a win for every member of the Royal Virgin Islands Police Force (RVIPF) and the way forward for me is that I’ll continue doing what I do best, that's this job," said PO Tranquille shortly after walking out the High Court this afternoon the victor in the matter.

The CoP was ordered to pay Tranquille the sum of $2,000.

Asked if he foresees any challenges as it relates to the process that is now required as ordered by the judge Tranquille responded, "I don't want to pre-empt.... I will just wait and see what will happen."

When this news site called the Governor’s Office today for a comment on the outcome of the case, Governor John S. Duncan's personal assistant informed us that he was in a meeting but that she will pass the message on to him and supply us with the comment if and when he gives one.

Further, Commissioner of Police Morris told this news site that he would not be giving us any comment on any matter.

See previous article published November 11, 2014:

PO Nicholas Tranquille vs CoP David Morris decision today

ROAD TOWN, Tortola, VI – Will justice be served in the favour of Police Officer (PO) Nicholas Tranquille or will the Commissioner of Police (CoP) David Morris be supported by the Court of Law? The answer to this question is just hours away.

Sources close to the case and the trial have confirmed with this news site that Justice Vicki Ann Ellis who presided over the trial which started back in May of this year, is likely to give her findings and decision when the court convenes later today November 11, 2014.

Attorney at Law Mr Ruggles Ferguson of Grenada has been and continues to represent PO Tranquille in the civil case against Commissioner of Police David Morris.

The root of the civil matter is embedded in the fact that PC Tranquille in October 2013, applied to CoP Morris to exercise his power of promotion. PC Tranquille’s contention was that he sat and passed the examination for promotion to the rank of sergeant pursuant to fourth standing order M74. The application was made on October 4, 2013.

CoP Morris allegedly refused to exercise his power on the ground that the post promotion policy which requires that an applicant for promotion takes and passes a written examination supersedes his power under 4th standing order M74.

PC Tranquille had reportedly filed an affidavit of wrongful reversal in rank against CoP Morris, after he allegedly received a letter in October, 2013 from the Human Resources Manager of the RVIPF dated September 2013, informing him that he was reverted from the rank of Acting Sergeant back to his substantive rank of Constable.

CoP Morris since being appointed to the position has been the subject of ridicule and accusations of being bias and unfair in his dealings with certain Police Officers under his watch. Many have called for him to be stripped of the rank and be sent packing back to his home country.

Things have been to the extent that Police Officers have petitioned the office of the Governor on various matters regarding the CoP, but to date no actions have been visible but rather, Police Officers continue to complain of being victimized for taking certain actions and for standing up for their human rights.

36 Responses to “UPDATE: Tranquille wins case against CoP”

  • xxxxxxxx (11/11/2014, 09:30) Like (38) Dislike (3) Reply
    And imagine the governor said there is no victimization! SMH
    • time will tell (12/11/2014, 06:46) Like (1) Dislike (1) Reply
      He has not seen any SINCE arriving. You know how long this case going on?
  • AC 360 (11/11/2014, 09:32) Like (9) Dislike (3) Reply
    Yeap all those who signed the petition about corruption were called in!
  • Music (11/11/2014, 09:38) Like (164) Dislike (3) Reply
    Just remember “I am not a racist” and now there is “no victimization”…the more things change the more they stay the same!
  • 411 (11/11/2014, 09:46) Like (11) Dislike (18) Reply
    To Mr. David Morris from since you took over as Commissioner you have been the most sued Commissioner of police in the entire existence of the Royal Virgin Islands Police Force COMBING. All you do is take bad advice from those below yours rank and we all know who they are. You should have enough common sense to say well what you are advising me to do to this officer because he is not been like is to take a different avenue by calling that officer in and speak to him about whatever the issue is but no u want to run the police force with an iron fist, that will never work here in the BVI we have to much pride to just sit back and be victimized. Sorry to tell you this but that MBE (it is an award given to distinguish persons by the Royal Family) you are eyeing you NEVER GOING TO GET IT, you have to much baggage attached to your name.
    • lmao (11/11/2014, 15:00) Like (7) Dislike (8) Reply
      COMBING is for your hair. COMBINED is all together, i.e. the word you were looking for. Bad enough to miss a word by that far, but you put it in all CAPS for the world to see. "Give this guy his sign please.."
  • Winston (11/11/2014, 10:57) Like (11) Dislike (18) Reply
    i think the white man contract will be up next month. lord please go
    • True (11/11/2014, 12:59) Like (16) Dislike (7) Reply
      Ive said it more than once he ain't no white man so keep your racisit views to yourself.
      • Tim (12/11/2014, 10:36) Like (0) Dislike (1) Reply
        True, can you tell us what race he is, then? Don't leave us in ignorance
  • cop (11/11/2014, 12:00) Like (4) Dislike (4) Reply
    there is a monster in their midst
  • AC 360 (11/11/2014, 12:13) Like (6) Dislike (2) Reply
    Our justice system is just as sick and twisted as the individual that hurt this police officer
  • Yes (11/11/2014, 12:33) Like (4) Dislike (2) Reply
    Crime took over because the rvipf is so divided
  • GoonSquad (11/11/2014, 13:41) Like (13) Dislike (26) Reply
    Like the NDP David Morris must go!!!!
  • in the news (11/11/2014, 13:59) Like (8) Dislike (2) Reply
    And still the governor sees no vitimisation
  • Plank (11/11/2014, 14:13) Like (4) Dislike (3) Reply
    Wow, wow, Take lots of courage and God in us to stand up as David against Goliath. "Wow" .
  • legal team (11/11/2014, 16:26) Like (14) Dislike (5) Reply
    The Lord-God has already given me the health,strength guidance and Knowledge,and I give thanks and praise everyday;as I pray for my brothers and sisters of Her Majesty's RVIPF,who have been "shackled" by a Ruthless Dictator who first referred to Her Majesty's Hororable Royal Officers as "undesirables".

    Let me once again thank Her Majesty-The Queen for this blessed day [13th June,2007] in our history as Virgin Islanders:Her Majesty bestowed upon Her Citizens of Her BVI,and called upon those in Authority to respect the Rights of Citizens and Residents of Her BVI.

    So,at the Court at Buckingham Palace,on the said 13th June,2007, present;was The Queen's Most Excellent Majesty in Council:And Her Majesty,in exercise of the powers conferred upon Her by section 5 and 7 of the West Indies Act 1962(a) and of all other powers enabling Her to do so,is pleased,by and with the advice of Her PRIVY COUNCIL,to order,and it is ordered as follows[The Constitution of the Virgin Islands].The Supreme Law of the Land!

    Police Officers must be promoted by the GOVERNOR,after CONSULTATION with Police Service Commission,in accordance with section 97[1] of the said Virgin Islands!As declared by the Supreme Law of the Law of the Land!

    Section 97[1] of the V.I Constitution states:-[""POWERS 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 the GOVERNOR determines that compliance with that advice would prejudice Her Majesty's Service""].

    Therefore,according to Section [97(1)] of the V.I Constitution,as quoted above, The Commissioner of Police[COP] does NOT have any Constitutional-authority or existing Statutory-Authority under our Statutory Laws,the latter, made by BVI Parliament, to Interfere with the appointment procedures in the Police Force.

    Let the Police Service Commission function as a Constitutional Body.

    Promotion Exam? This Promotion-Exam is UNCONSTITUTIONAL and UNLAWFUL,therefore,it must challenged in a court of law.

    Section 97 of the V.I Constitution is designed FOR "ALL" appointments in the Police Force, INCLUDING THE APPOINTMENT OF THE COP:

    If the Governor did not require Gazetted Police Officers to do an exam before promotion,then the C.O.P cannot require that a non-gazetted officers do exams for promotion.

    Police officers; show respect to your C.O.P, but if he breaches your rights under section 97 of the V.I Constitution, SUE HIM before the High Court of Justice.

    Because section 18 of the Police Act states:-

    ""[Every member of the force has ALL the rights,powers,authorities,privileges and immunities conferred on a member of the force by any LAW that is in force in the Terrritory and likewise in respect of any LAW that comes into operation in the Territory,upon the coming into operation of that LAW""].

    P.C Tranquille is a Freedom Fighter: Law is Law!
    • doc (11/11/2014, 21:31) Like (4) Dislike (11) Reply
      JJK since you are so very well verse with the VI constitution you should have been bold enough to also quote what section 97 (5) says you should not only quote what suits you. You should be fully aware that the same section 97 which you mentioned so much that in sub section 5 it gaves the Governor the authority to delegate his power
  • faith (11/11/2014, 17:47) Like (10) Dislike (2) Reply
    The governor must do what is right and dismiss moriss
    • Yes (11/11/2014, 20:14) Like (1) Dislike (4) Reply
      The Governor must do what is right and fire "more risk." Lol
    • wize up (11/11/2014, 21:42) Like (9) Dislike (3) Reply
      to faith; we dont see white-on-white hate in bvi; you will never see the governor dismiss moris...its a good idea do!
  • Legal Team Advocate (11/11/2014, 19:50) Like (2) Dislike (3) Reply
    I must say that the legal team is right on point with it's comments, and I strongly believe that a COP of any Force should never be sued and subsequently fail in the court of law, for injustice and unconstitutional behavior, especially toward his/her subordinates. It is a low place to be, given your public portfolio in which you serve. On the contrary the COP should be the one ready to defend the officers legally (based on his supposedly expert knowledge and experience of the law) when others are trying to victimize them in anyway. It's the dawn of a new day, and Police Administrators must recognize the real importance of upholding the law of the land, and adhering to the constitutional rights of everyone; most significantly, those who work with you in serving and protecting the BVI territory. At this time, I do believe that this is a time of reflection on mistakes made, and start turning the long held counterproductive attitudes and falsified ideologies of the ignorant that constantly bombard, thus tarnishing your professional reputation in the office you serve; to one that supports the vision and mission of the RVIPF, where the people of this territory can feel safe and confident in your lawful duty. Its high time for equality and justice toward everyone. The Crime Fighters need to focus on the fundamental principles of teamwork and other productive strategies from within the organisation, before attempting to bring the ills of this society to justice. How can a system fight against itself and win? Scratch each other's back, instead of stabbing it. Pardon me if the truth is too much to handle. Awake to Righteousness, and sin not!
  • legal team (11/11/2014, 20:36) Like (0) Dislike (3) Reply
    The Lord-God has already given me the health,strength guidance and Knowledge,and I give thanks and praise everyday;as I pray for my brothers and sisters of Her Majesty's RVIPF,who have been "shackled" by a Ruthless Dictator who first referred to Her Majesty's Hororable Royal Officers as "undesirables".

    Let me once again thank Her Majesty-The Queen for this blessed day [13th June,2007] in our history as Virgin Islanders:Her Majesty bestowed upon Her Citizens of Her BVI,and called upon those in Authority to respect the Rights of Citizens and Residents of Her BVI.

    So,at the Court at Buckingham Palace,on the said 13th June,2007, present;was The Queen's Most Excellent Majesty in Council:And Her Majesty,in exercise of the powers conferred upon Her by section 5 and 7 of the West Indies Act 1962(a) and of all other powers enabling Her to do so,is pleased,by and with the advice of Her PRIVY COUNCIL,to order,and it is ordered as follows[The Constitution of the Virgin Islands].The Supreme Law of the Land!

    Police Officers must be promoted by the GOVERNOR,after CONSULTATION with Police Service Commission,in accordance with section 97[1] of the said Virgin Islands!As declared by the Supreme Law of the Law of the Land!

    Section 97[1] of the V.I Constitution states:-[""POWERS 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 the GOVERNOR determines that compliance with that advice would prejudice Her Majesty's Service""].

    Therefore,according to Section [97(1)] of the V.I Constitution,as quoted above, The Commissioner of Police[COP] does NOT have any Constitutional-authority or existing Statutory-Authority under our Statutory Laws,the latter, made by BVI Parliament, to Interfere with the appointment procedures in the Police Force.

    Let the Police Service Commission function as a Constitutional Body.

    Promotion Exam? This Promotion-Exam is UNCONSTITUTIONAL and UNLAWFUL,therefore,it must challenged in a court of law.

    Section 97 of the V.I Constitution is designed FOR "ALL" appointments in the Police Force, INCLUDING THE APPOINTMENT OF THE COP:

    If the Governor did not require Gazetted Police Officers to do an exam before promotion,then the C.O.P cannot require that a non-gazetted officers do exams for promotion.

    Police officers; show respect to your C.O.P, but if he breaches your rights under section 97 of the V.I Constitution, SUE HIM before the High Court of Justice.

    Because section 18 of the Police Act states:-

    ""[Every member of the force has ALL the rights,powers,authorities,privileges and immunities conferred on a member of the force by any LAW that is in force in the Terrritory and likewise in respect of any LAW that comes into operation in the Territory,upon the coming into operation of that LAW""].

    P.C Tranquille is a Freedom Fighter: Law is Law!
  • Pay $2,000.00 USD (11/11/2014, 20:58) Like (8) Dislike (3) Reply
    According to the news Morris have to pay legal fees of US2,000. Shame on the AG Office,for continuing to represent this man who dont have no respect for the local constitution of the bvi. the constitution say is the service commission to give advise to the governor let the service commission get information from the force about the performance of the officers and grade them on performance.the men from uk in the force dont do xam..then the local men in the force shouldnt do xam.. xam is for school children...morris go pay $2,000 for yr unlawfulness and leave the bvi constitution alone. if yu dont want to obey it yu wil get soo for real
  • law student (11/11/2014, 22:04) Like (12) Dislike (2) Reply
    I am a bit confused with section 97 (1) of the Constitution.The Chief of Police and other Superintendents of Police are appointed by section 97 and before that appointment they do not sit an examination;;;.
    Other Police Officers of lower ranks are also appointed by section 97 but the Chief of Police would determine how other officers should be graded to be appointed under the same law?
    I think Mr. Morris went a little too far,and it's time for the court to stop him.That means a senior policeman 20 years service and more has to do an examination for consideration of promotion and if he fails that examination his career in over?Mr Morris stop.
  • predictor (11/11/2014, 22:08) Like (11) Dislike (3) Reply
    The Governor will never send Morris home if he says he sees no victimization. They want to bring here like South Africa. Watch OUT !! Divide and Conquer. BVI wise up
  • one eye (11/11/2014, 22:46) Like (5) Dislike (2) Reply
    We cannot say it waz jury rig
  • time will tell (12/11/2014, 06:57) Like (2) Dislike (1) Reply
    The Commissioner will shake this officer's hand for proving his actions were premature and confirm what MUST be done to get his actions implemented. The Police Service Commission will advise the Governor that exams are required and the Governor will make such an order and have it Gazetted. That will be the end of all this BS. This officer will find himself right back in the same position he was in before and won't have a leg to stand on. Watch and see.
  • rewrsdffds (12/11/2014, 08:33) Like (2) Dislike (1) Reply
    I guess all those officers in the Public Service who has been acting for years or who has been acting and reverted back to their substantive position can now sue. I did not know you could make your employer promote you.
  • legal team (12/11/2014, 08:40) Like (3) Dislike (1) Reply
    Many of us ages 35-40-45 yrs old and older today were probably at school in the early 70's and late 80's when apartheid was on the rampage in South Africa.Under Apartheid,the dictators disregarded all principles of human dignity and pride:

    Today in a civilized world,you continue to see the residue of Apartheid and dictatorship in some areas of the Public Service;including the Police Force.

    Police Officers are human beings,like any body else in society:When they do wrong,and when they commit offences, they are faced with justice before a court of law,pursuant to the provisions of section 16 of the V.I Constitution.They are not above the Law.

    Similarly, the C.O.P is not above section 97[1] of the Virgin Islands Constitution,the Supreme Law of the BVI.

    The New and Amended V.I Constitution of 2007, came into force,after the appointed-day[following general election in 2007].

    In 2009,C.O.P Reynell Frazer submitted to the GOVERNOR/ Police Service Commission, a list of names of qualified Police Officers of different ranks,with many years service in the force,for consideration by the Po.S.C, and for the Po.S.C and Governor to Consult,in accordance with section 97[1] of the V.I Constitution.
    Officers were deemed qualified for Promotion/APPOINTMENTS based on practical performances of dedicated service to Her Majesty-The Queen in the BVI.They were all promoted/Appointed by the Governor,after Consultation with the Po.S.C! They did NOT take an exam!

    Some of these officers are considered as veterans,who served Her Majesty for many years,risking their lives to protect Her Majesty's Citizens and to preserve Her Peace in the BVI:Now, Johnny-come-lately- MORRIS is disregarding their contribution to society, and come giving them an Oppressive,Unconstitutional,Unlawful and Dictatorial-Exam,with all kind of Terminology to confuse their brains, and if they en't pass you calling them uneducated?

    Police officers who risk their lives to protect others in the BVI must be compensated with a proper pension and gratuity for lifetime sustainability! They served Her Majesty.

    That is what MORRIS should be looking for; for all our brothers and sisters in the force.

    Instead,Morris is finding ways and means to degrade Her Majesty's Police Officers.They are NOT Undesirable!!

    Who is PC Tranquille?

    A well-educated BVI police officer,Teacher/Lecturer at the Police Training School in Barbados.The Police Force recognized his academic qualities,and sent him the Training School to teach BVI recruits:And just because he did not take Morris' Exam for Promotion,they discarded him?

    I support PC Tranquille 1000% for his stance against Morris; because section 97[1] of the V.I Constitution,did NOT include Morris in the procedures for appointment in the Police Force:And the learnt Judge agreed.

    Therefore; Morris' [SELF-INTRODUCED] Promotion exam-Policy is DICTATORIAL and UNCONSTITUTIONAL in the BVI; It has no Legal Basis and it must QUASHED by Courts.

    Sue Morris for his exams!

    The Constitution of all civilized countries MUST be obeyed.
  • no to racism (12/11/2014, 11:35) Like (4) Dislike (2) Reply
    Morris the best CoP who ever been here, cleaned this place up. Y'all will see what comes after he gone. Deserves to get an MBE for services to this British colony.
    • to no racism (12/11/2014, 13:05) Like (1) Dislike (5) Reply
      How many uk-born police officers ever take issue with chief david morris. he treat uk born police with respect. which dcp in bvi force tell a inspector of police' i know you dont like me', and that dcp had just being appointed that was his first greetings to a local bvi officer. david was studying the force all along and he came with his mind made up to frustrate the locals and expart officers.sue his AAAA$$$$$ yes,he want to take the power of the police commission service,,,,
  • what dam exam (12/11/2014, 14:41) Like (3) Dislike (1) Reply
    where else in the public service officers have to do exam to be promoted. my uncle is a police for 28 years with knowledge and experience on the force and for him to get promote he have to go in a class room like a school boy to prove he have experience...stupes man
    • Voodoo Boy (12/11/2014, 18:19) Like (0) Dislike (1) Reply
      We should give exams based on the BVI Constitution to David Morris. I bet he was fail--- oops, I mean grade F.


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