East End Police Station

As a student, willing to learn and who has a passion for law, I am forced to express myself pursuant to section 23 (1) & (2) 0f the Virgin Islands Constitution, a Right given to me by Her Majesty The Queen. I wish to express myself on a point of law.

Let us look at Section 97 (1) of the Virgin Islands Constitution Order 2007 [The New Constitution]

Power to appoint, etc, to offices in the Police Force
Section 97-

(1) 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”.

(2) Subsection (2) States: “Where the Police Service Commission ADVISES that any person should be appointed to an office in the Police Force of a rank superior to Chief Inspector, that ADVICE shall require the approval of the National Security Council BEFORE being submitted to the GOVERNOR; but the Governor, acting in his or her DISCRETION, may act Without the approval of the National Security Council if he DETERMINES that to do otherwise would PREJUDICE Her Majesty’s Service”.

My main focus in subsections (1) and (2) of section 97 of the Constitution, is the word “PREJUDICE”!

Before I continue, let us apply Grammar to law, and look for the definition of PREJUDICE:

Definition: My Oxford Dictionary defines the word prejudice as:
1. A Noun-“An opinion that is not based on reason or experience”.
2. A Verb-“Unfair reactions or behavior based on such opinions”.

Legislation Regarding Commissions:
I now refer you to Section 98 of the Virgin Islands Constitution Order 2007.
Section (1) states-“The Legislature may by law make provision for-
(a) The organization of the work of a COMMISSION and the manner in which it performs its functions,
(b) Consultation by a COMMISSION with persons or authorities other than its members”.
But to the best of my knowledge, these laws have not been assent to by the Governor in Council, on Her Majesty’s Behalf OR in the name of Her Majesty! These laws have not been read in parliament! Where is the Law for those Commissions to function and to operate?

Where is the written law, which authorizes those Commissions, to CONSULT with persons or authorities, other than its members? Governor, show me the LAW, so I can read it myself!

I hereby submit, publicly; that the “Police Service Commission”, has no Constitutional Power, or Statutory Authority, to receive information from the Commissioner of Police, about police officers, and to thereafter ADVISE the Governor, based on these information-to 1.Remove from office, 2.promote, 3.discipline any police officer, because, according to Section 98, of the Constitution, The SUPREME LAW OF THE VIRGIN ISLANDS, the Police Service Commission must first have a Statutory legislation to function and operate! There is no Statutory legislation in place for the Police Service Commission and other Commissions, like the PUBLIC SERVICE COMMISSION, to Function and Operate! Subsections (a) & (b) of section 98 of the Constitution are CRYSTAL CLEAR!

Don’t look at the messenger: Look at the LAW, and how the LAW affects you in the Public Service!
God bless the beautiful and lovely people of the B.V.I

Knight Rider
(Retired Police Prosecutor)