PS Willock hits government knockout punch, wins case
Julian Willock, Permanent Secretary in the Ministry of Communications and Works.
ROAD TOWN, Tortola, VI – This morning May 24, 2011, High Court Judge Rita Joseph-Olivetti handed down the ruling in which Permanent Secretary (PS) in the Ministry of Communications and Works Julian Willock won a case he brought against the Crown.
Mr. Willock, the esteemed PS, sought Judicial Review after the Government sent him on leave after simply reading an article in a local tabloid the BVI Beacon in which it claimed Willock had persons working in the Virgin Islands for one of his group of companies without work permits.
The Labour Department had already dismissed this claim when they wrote in a letter to the same tabloid, that Willock had all his work permits in order. Judge Joseph-Olivetti, in her ruling, said that Mr. Willock was aggrieved by the Governor’s decision to send him on leave and for setting up an investigative committee.
Committee set up illegally, report submitted not valid
The committee, which most in the legal fraternity said was illegal, submitted a report but never interviewed the highly respected Willock.
Mr. Willock wrote the Deputy Governor and the then Director of Human Resources two days after the tabloid report, however, the Public Service Commission (PSC) did not see his response to consider Willock’s facts on the matter, as they had already advised the former Governor David Pearey, to send Willock on leave simply by reading a news paper article.
The fact that the investigative committee never interviewed Willock was wrong enough, but it was illegal because it violated General Orders where any committee investigating a public officer must be made up of public officers. The Committee at the time had two none-public servants.
The court ruled today Tuesday May 24, 2011 that the PSC cannot use the report because it is not valid and tossed it out. The court also said that all of Willock’s rights were violated because of the illegal act by the Governor acting on the advice of the PSC.
The judgement states; “first, the very composition of the committee being composed as it was of two persons who were not public officers would have rendered it ultra vires to the Regulations.” The decision also said that “the committee was also illegal, as the mandate given to it by its terms of reference divested the PSC of any residual power.”
In her conclusion, the learned judge wrote, “I am conscious that we are concerned with the protection afforded to public officers by the Constitution.”
Justice Rita Joseph-Olivetti said the Governor had no power to appoint the Committee and its proceeds and its report are invalid.
Calls for Willock to return
Many in the political and social class in the Virgin Islands have called for months for Mr. Willock, the popular Public Officer, to return to his post as PS. The Minister for Communications and Works Honourable Julian Fraser RA, had already labeled the tabloid story in the BVI Beacon as “garbage” and said both publicly and privately he “wants Mr. Willock back”.
Others in the community including many in the professional and progressive class have described the article against the Permanent Secretary as malicious, racist, outrageous, libelous and politically motivated and an attempt to undermine the good professional integrity of Willock.
The author of the tabloid article is a Mason Marcus, a white American, and the reporters in question who told the tabloid that they worked without work permits were all white Americans.
Willock told VINO he had no comments at this time and will hold a press conference when he “is ready”.
He referred all other questions to the law Firm of Farara & Kerins. Mr. Willock was represented in the court case by lead Attorney Gerard Farara QC, and Tana’ania Small.
32 Responses to “PS Willock hits government knockout punch, wins case”
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congratulations Mr. Julain I knew there would be justice
WOW!! Jules you going on bad boy!! LOL!!!!!! It will be interesting to see the next move, I smell a multi-million dollar lawsuit against Government for this one! I’m no big fan of the man but looks like he will have some fat pockets soon!! What a ting to tell deh king!
Someone like Willock had the balls to stand up against the government for doing shit to people. We will take care of the rest at the elections!
Why is this article so pro Julian Willock? Next time please write an article without so much bias.
Anyways congrats to Mr. Willock for winning the case.
tell me about it, even calling the Beacon a tabloid. I sense a little maliciousness if you ask me
while I think the article is bias its right on the facts and we cannot deny that
Who wrote this article on Willock? – “esteemed PS” – esteemed alright.
Ayo take dat! Now try again to bring down the VIP….by mekin up lies on Mr. Willock. Hell yea he is esteem
You all will get over the fact that the man is esteem….just live with it people and more on.
So does this mean that Willock is back on the job on Monday? Inquiring Minds want to know.
No it simply means he’s past phase one of this entire mess. Its up to the PSC to decided if any disciplinary actions will be taken. But they cannot rely on any information eta al found by the committee that the Governor appointed.
Congratulations Mr. Willock!
I congratulate you willy. I know that you are a man of prestige and I am glad to see that someone have the guts to take on the Gov of the day, too many corrupt people are working in Jobs they do not deserve. but that was jealousy to bring you down. They must give you back your job. I would advise you to sue the tabloid.
Justice!
This is a victory for all civil servants….both Inez , Archer and Elton have a lot to answer for on how they treat people in the service. Just remember Jah does not sleep and does not like ugly!
The FIRST in the VI.:a public servant won government.I guess anything is possible now.Thanks to JUSTICE ,other public servants can follow suit.
Sorry, this is not the first. Almyra Penn was the first when she sued the (VIP) Government again for wrongful (political) dismissal from Port Authority. Check the facts before you blog. However, this is not the last as there is another right around the corner. The Government need to get rid of the people that are causing them to make these payouts over selfish, personal bad minded decisions.
I so agree with you these are people with in the government making these costly decision for government and most of the time they all stem from BAD mindedness.
Congrats and for fighting for your rights! All the best!
Finally this mess is over. I was wondering what was taking it so long. Now get paid and go back to work and stay away from VINO..end of story
ok so the governor got it wrong but let 2 non public officials do the investigation. HOWEVER VINO the matter from which it all began was not addressed and is still open for a proper investigation. Or will be swept under the rug and it doesn’t matter about the non work permit holders working for a company linked or paid by him. Yet again a waste of tax payers money which could of been handled a lot quicker and with a lot better decorum. Shame on the BVI Beacon but shame more on the government officials who took it as fact and asked the governor to act on it shame on all.
I was not surprised they send such a hard working effective brother on leave. Once you are effective as a civil servant you cannot last. If you lazy and an ass kisser you will be there for life. Mr. Julian God remains on your side brother…. make them pay for there silly behavior towards you.
boy its a goodthing you didnt use a pyah pyah lawyer like myron them so
Its because he didn’t use a “higly esteemed” firm like the one Myron manages is why it took so long. That esteemed firm would have had this over and done with long time. Dem don’t make joke up there may boy. Dem REAL good. Or should I say “HIGHLY ESTEEMED”. Chuch out
it is so unfair that some public Servants can do things and get away with it and others are taken off their jobs there are a public servant in one of the government law office who has a case in court but she is still on the job getting full salary and doing classes on the government time because the government is paying for it but you would not hear about that Willock you need to interstage that matter and stop the unfairness that is going on in the government, just like they sent home KJ Headley they should have send her home to.
A white writer of the bvi beacon racist article, white disgruntled former workers, and a white governor send him on leave. How can he win…think about it people!!!!! think long and hard….. We shall over come yall….Give me the right words for this situation.
No no no its willock’s own people who knife him in his back…Inez, Archer, Neil & Letsome…check the record people
Julian, you demonstrated exemplary courage and strength in defending yourself against the poorly staffed and irresponsible journalism. It is stretch to call it journalism. It is a shame that deplore behavior, coupled with the rush to judgement based on flimsy at best information, could have ruined the reputation, and integrity of a competent, capable, and talented public servant. The judicial system worked as it was designed—to adjudicate cases based on the law and impartially. Good always triumphant over evil. As you contemplate your next moves on being made hold, stay humble and reasonable.
I love the headline…”knockout punch”…get them Julian go get uh…now be careful the NDP members of the PSC- Stoutt, Skelton and the man of the cloth aint trying any moves to delay your return to work. Let your attorney keep an eye on them mehson If you know what I know!!!!
I knew all along they could not touch our BVI Prince. Big Up Willocks…PSC has no choice but to return you to you rightful post.
I am one of the few who agreed that this case was much to do about nothing from the beginning. More he– say she say— with no facts and a one sided investigation which set out to “catch the young man”. It was clearly filled with politics and race. Some American reporters telling another American reporter about a powerful young black man.
Then a Governor from the UK sending him on leave. Mixed with that, you had some haters & jealous top public officers trying to get the big prize Julian Willock. But it’s over now. Let’s all learn something from it and respect peoples rights. I hope he makes the government pay for his name.
This was a senseless situation from the get go. How can they be so silly to just read an article in a paper and then try and destroy one of our best and brightest????
enough of the blogs….Pay the man his millions and return him to his JOB