Round two against esteemed Communications & Works PS-Willock
Julian Willock the PS in the Ministry of Communications and Works won his first case against the government and is expected to win again on appeal.
ROAD TOWN, Tortola, VI – After the Government received a knockout punch on May 24, 2011, when 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, another round is about to commence.
VINO has just received this confirmation from the Registrar of the High Court.
Despite the PS in the Ministry of Communications and Works compelling win on all major counts in his case against the Government, the Attorney General (Ag) has decided to use tax payers’ monies to appeal the case.
Mr. Willock, the esteemed Permanent Secretary, won hands down when his lawyers from Farara & Kerins 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, three months ago 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 agreed with the Judge 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’s 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 non-public servants.
The court, in its May 24, 2011 ruling, stated 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 stated 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 is invalid.
The Appeal
The Ag. Attorney General Baba Aziz is appealing the judge’s decision which he filed on July, 4th 2011 before the Eastern Caribbean Supreme Court of Appeal. Aziz, who is the same officer advising the PSC, argued in his appeal that High Court Justice Rita Joseph-Olivetti erred in her decision that a committee formed to investigate Mr. Willock was appointed illegally. The Ag. Attorney General also appealed the entire case claiming that all the decisions of the learned Judge were in error, according to the document obtained today by VINO from the Registrar.
The Ag. Attorney General is asking the Court of Appeal to set aside the judgment of Justice Olivetti in the entire case.
The local legal fraternity, who has reviewed the appeal, has said there is zero chance that the Government could win on appeal as the Judge’s decision “was solid”. Others who wish to remain anonymous have claimed “this matter now seems personal” and wondered why Mr. Aziz will appeal a case like this “with little or no chance of victory”.
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 PS 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 who has since skip town, and the reporters in question who told the tabloid that they worked without work permits were all white Americans who were returned home, according to information obtained from a source, after failing their final interview or in some cases probation.
When VINO contacted Mr. Willock, he told this news site that he had just returned from overseas and had not had time to sit with his lawyers or to even see the appeal, however, he referred all questions to his legal team at Farara & Kerins. Mr. Willock will be represented in the appeal by lead Attorney Gerard Farara QC, and Tana’ania Small.
32 Responses to “Round two against esteemed Communications & Works PS-Willock”
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I agree waste of tax payers $$$$$$ but when Aziz back in Africa Mr. Willock will be right in his post!
yea how come when places like peter island have people working even before their permit is ready o ones listen to the reports and carry them to court willock u going right back in your post arlene smith your time up their willock is coming back for what is rightfully his see how willock win so will julian fraser win theses man are gangsters ndp is imposters we know wa that red represents in your photo with the family we know ayo and wa ayo about
I agree as I could list some five bars owned by whites with people working without work permit some of them have permit in others do not..but they here trying to run cheap shot over our BVI Prince Willock bout he hire people without work permit.
But willock I know you will out last many of them. Time will tek care of them. Just keep on your knees to Jehovah that cannot stop you and they know it. You will win and win and win….these people too bad minded and wicked. All when the lady (DG) gone you will still be PS…
The AG is a great lawyer -bottomline. When he appeals, know there is some merit.
Great lawyer,..check the record on the number of lost almost 5 lost to 1 win…He better get on the plane and get back to the mother land!
and Aziz does not teach the locals anything..another one trying to keep them down just ask the local Attorneys in the AG Chambers!!!!
People must stop telling lies about the learned Attorney General. If the esteemed PS for Communications will print this, many will hear this truth for the first time. Let the BVIslanders in the Attorney General’s Office stand up and answer for themselves. Ask Mr. ‘Apron’ why he walks around town telling people he has problem with cell phones and electro magnetic rays (phonetics), refuses to sit in new offices and conveniently uses cell phones on the outside as a scam to do the work of the poeple of the BVI who are paying him money each month on his scam mission. This is wrong; wrong and perhaps he did not pass the Ethics in Law School. He refuses to submit to medical attention; oh how our people are destroyed for lack of knowledge. Before people blog they should get the facts. This BVIslander lawyer is making it bad for those of us who are trying to get a job when he sits on one of the frozen positions.
No. 2: Let the other female lawyer from the BVI who tells all “I am waiting for higher power to give me authority before I work” step aside and give another ZBVIslander a chance to work. She goes to work each day and does nothing but read novels, and we can’t shake them down? As a Virgin Islander, this is wrong, doubly wrong. Before we go criticizing non-nationals who are doing the work, ask our beloved lawyers trained by the Government’s purse to step up. See if we can’t get something from the non-BVIslanders before we start cutting them down.
Where is the dignity, pride and loyalty that was passed to us by our fore-leaders. Can the spirit of McTodman be rebirth in some Virgin Islander? Oh, my learned colleagues, we were taught to be lawyers with proper work ethics and we are being groomed to be good citizens and to advance the legal profession. The conduct of these two Virgin Islanders spell nothing but professional misconduct. I am told, these are reasons for them to be brought before the Ethical Board. After all — the rule of law applies to all men — lawyers included.
You all always are coming on here trying to rewrite history. It is well known that this is yet another foreign Attorney General like the other one (lady) who has build a two tear system in the chambers. Foreigners against locals and this is well known and documented. The government knows it and every officer in the chambers knows it.
So please do not come hear trying to rewrite history about blaming one or two persons (the vitims) for Aziz nasty and bias behavior against locals. His appealing this case after Cabinet told him not too is yet another manifestation of how he views locals. He does not give a damm. I taught he was taking a job in NY??? He is bad news for locals and this government.
I hope Farara dem keep the files out of the eyes or hands ah dah girl from vg who think she is a Flax, if dem want to win the appeal. She does talk every ting she see or hear in there.
Some people shouldn’t be exposed to sensitive material…that kind of power can trump the best of people. This kind of behavior is especially prevalent in the Public Service.
I second that.
this chap willock is as clean as a whistle
you mean he’s been blown an awful lot?
I am proud of the AG…let’s keep him out till after the elections and when we NDP get in and I dey Minister I going tell dem me aint want he because he tis ah VIP…hahahehe
kyah kyah kyah
What type of whistle? the one that blows it’s own tune?…pleasseee
willy soon free
bossman Willie done free dem just trying to delay till after elections…but ah hope dem tek wah dem get after dey vip get back….
Waste of tax payers money. Shaka Zulu just vex because our local boy Gerry beat he! lolol
After all the attempt by some that is full of hate and jealousy, and the politicks and racism again this good man, if I use to gamble I would bet that Julian Willock will be right back in his post shortly, but I am a Christian and I do not bet!
You are are Christian and should not speculate what could turn into a judgement. You all need to let this take its course. Most times we don’t get more than we can bear.
Racism and slavery 101: a white reporter from the Beacon, some white reporters who had to return to the States for none performance, a white governor sending home Willock, now people do the math!…you did not hear it from me!
But “KKK” it’s the same white governor who here that will reinstate Willock so scatter you all backside with dat crap…but then again it might be true!!
I am surprised this matter is still going on. Just pay the man his millions and return him to work. Jehovah knows the Ministry and country needs him back…they know Julian Willock is an action man & get things done, so it’s part of the conspiracy..but God does not like ugly and is not asleep!
for real…just the new form of Victimization
there is a lot i could say but i know vino will not print. What about the lady in high places who demanded a work permit for a JAMDOWN that psc had asked the bow tie man to get rid of…and once the work permit was approved they wrote a release letter for the lady so she could come back and work for government under a different programme. Seems to me that there is one rule for some and another for others..but leave them Willie a lot of things going come out if they keep messing with you!!!!
How come no one going after the two; one who hired someone when PSC said not to and the other one who changed the budget after the law was passed???? The governor therefore has no credibility and cannot talk to any pubic officer about good governance or integrity, until those matters are addressed.
I have two more years in the service and cannot wait to leave as the whole thing has gone to the dogs and moral is at an all time low…too much injustice and one sided and selective justice…WE THE PEOPLE ARE WATCHING MR. GOVERNOR MAKE THE RULES APPLY TO ALL!!!!!
i second this “civil servant” the governor reputation is on the line if Willock does not return..he will not live this one down!!!!! let’s have a fair system where the rules apply to one and all in the service…not just for those they think support the VIP and the other three big NDP criminals (NS, DA, IA) get away.
sorry I am in the private sector tell me who the initials stand for please
Keep it going Attorney General…we want to keep him out until after elections…
Justice might be long but it comes right back at you. So not to worry Mr. Julian those three on the PSC who pushing this thing and the three senior civil servants one of them your friend who want to see you out when they fully well know you did nothing wrong, will soon have to account for their behavior and deeds. As for the NDP pushing the three on the PSC leave them…hope when the seat turn they could take their share…… Payback is a bitch!!!! Jehovah does not like ugly.
Mr. Willock you must be a big prize why these people are going after you like this. I have never seen them gone after any other civil servant like this. There must be more in the morta but I trust in God and knowing what I know about you and your integrity, professionalism and hard work I know you will land on your feet and come out on top. Evil and victimization against you can only last for a time…there time will come!!!!! If not them their children!!!!. My prayers are with you and your family.