2 justice systems in VI: No justice! No peace! in criminal division
![UK-appointed Governor John J. Rankin, CMG is in charge of both the courts and the police in the [British] Virgin Islands. Photo: VINO/File](https://www.virginislandsnewsonline.com/cache/images/800x_8_800x_8_800x_r_rankin_04_08.jpg)
The Virgin Islands (VI) has reached the stage where there are now seemingly two legal systems operating in a democracy, as many legal practitioners, human rights groups, non-governmental organisations, the media, and ordinary residents are starting to question the VI’s criminal division of the legal system.
Positive aspects of commercial division
The reality on the ground is for the most part commercial cases handled by the commercial court in the jurisdiction move swiftly through the court system and there is timely scheduling of these cases. In fact, two Judges were assigned to the commercial court and there was recently a request for another.
In the civil division, while there are some delays because of the introduction years ago of ‘Masters’ in an attempt to settle matters and reduced caseload, these cases are worked on once the parties have an assertive and honest attorney who is not looking for long delays to make more money but wants justice to be given to the parties.
Now the stain on the legal system is in the criminal division. One Caribbean writer noted that the VI has the most and longest prisoners on remand in the entire Organisation of Eastern Caribbean States (OECS) jurisdiction under which our courts fall. This is not a good record for the Territory to have, as a strong legal system is one of the attributes that is advertised to bring companies here for the lucrative financial services sector.
Shame on us- over 70 persons on remand- No Justice
Take for example, more than half the prison population is on remand at His Majesty’s Prison in Balsam Ghut, on the main island of Tortola, for years after being changed, however, they cannot get a court hearing (date) because of the endless postponements of their cases. There is one person on remand for over five years (a female) and with no sign of when the case will be heard.
It is most often the wish of the Director of Public Prosecution’s Office to object to bail; however, the issue comes when the DPP is granted the no-bail order but her office is not ready for a speedy trial. This is a blatant violation of the constitution (sections 15 and 16) where it guarantees the right to a speedy trial. It also violates the rights clauses where residents are presumed innocent as set out in Section 16 2 (a) of the VI Constitution.
Most often, after over three years with persons sitting at Balsam Ghut, the Prosecution is still not ready to proceed with cases because of a lack of solid evidence, the police officers are not ready, witnesses died or backed out of testifying or giving information, or no date can be agreed on between the defense and prosecution.
Currently, there are over 70 persons at HM Prison on remand. This is more than half of the prison population and higher than places in the region with similar prison populations. In recent days, some inmates on remand for over two years were given trial dates all the way to 2024.
No justice in the VI criminal system
This is not justice and has the potential to place an international stain on the Territory’s legal system and reputation as a place where, if you are accused of a crime in the criminal division, it could take over five years to get a hearing.
Regrettably, the BVI Bar Association has been silent on such injustices in the legal system, and many have started to question their relevance. When many of the young men leave prison, if they are found not guilty, they usually face discrimination in finding employment or integrating back into society.
To compound the situation, there are strong allegations from police officers, and senior civil servants in the law enforcement space that both the Governor and Police Commissioner (both UK nationals) have been interfering in the work of the Director of Public Prosecutions (DPP), advising her who to prosecute and who to leave alone. One such case they pointed to was the alleged human trafficking scandal by the Royal Virgin Islands Police Force that was swept under the rug.
Under the constitution, the DPP is an independent office. The police officer who was carried to St Thomas, USVI on a police boat in an attempt to change his status from a visitor, is now employed in the police force and everyone has turned a blind eye to that incident.
It is believed that when the information was first brought to the DPP’s attention from the Immigration and Customs Departments, she was willing to press charges. There are many other issues raised by the Comptroller of Customs Mr Wade N. Smith, who was subsequently sent on leave, where information is to be shared with both law enforcement agencies, however, it was not happening on the police side, but they found it easy to cover it up.
Are the UK Police officers violating the rights of citizens?
Critics also claimed that the UK Police officers are on a witch–hunt with a list of prominent locals to be charged, despite the weak and in most situations no compelling evidence and lack of witness collaboration to bring charges against some residents. It is even alleged that UK Police Officers have bullied many persons to turn witnesses against persons on their target list.
Recently, the UK police officers (99 percent white), have interviewed some customs officers and used bullying tactics, such as an unwillingness to give them a copy of their statements, according to two senior civil servants familiar with this issue. Others have raised that for months, the UK police officers have taken their belongings in home searches, found no evidence to fit the crime, but still refused to return residents’ belongings.
Many have opined that there will soon be a further breakdown in society if locals are now being profiled and targeted by UK police officers just like blacks are in America and there could be more legal challenges to the actions of the UK police officers.
Blind eyes turned to the courts and police force?
In the recent UK-sponsored one-man Commission of Inquiry, both the injustices in the courts and the corruption in the police force were not addressed. The UK-appointed Governor is in charge of both the courts and the police.
Within the last five years, the government of the day has spent over 11 million US dollars on the police force (recruitment, training, new vehicles, tools, medical, travel, new boats, and even repairs to many of the police stations) with an increase of UK police officers. Despite all this money being spent, they are still asking for more under the claim they are short of manpower and vehicles.
Some of the UK officers recruited also go on courses paid for by the taxpayers of the Territory, despite the government and the public being told that they already have the expertise the local officers do not have.
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46 Responses to “2 justice systems in VI: No justice! No peace! in criminal division”
You all keep playing with those w**** devils, just wait and see what they do to the esteemed
I was at the Criminal Court recently for a matter and there were about fourteen(14) matters for case management in one morning, The courtroom was filled. Why is this??? What is going on? If the judicial system cannot get their act together they need to release those prisoners that have been on remand without a trial(3-4 years). If the DPP's office does not have the evidence to prosecute they should be set free. Prisoners have rights too. If they are not from the BVI send them back to their homeland, never to return. It is unfair to the prisoner and a heavy financial burden on the government's purse.
Get the Criminal Court together!!
The Civil Court
There are so many cases in one morning sitting on the Civil side. A friend of mine told me that her matter was listed for 9:00 a.m. and so were all the other persons that were there in the courtroom. Her matter was not heard until 12 noon. This is crazy!!! What is the Registrar of the High Court doing? Why is she allowing all these matters in one sitting??? People have their lives and they could be doing something else instead of having to wait for hours to have their matter called.
The judiciary needs to get its act together, man!!
Get y’all act together for real! The entire system sounds very incompetent.
Thank you, Vino for bringing these issues to light!
Great journalism ????
the politicians are far to busy jumping on an aeroplane running to all the out of state meetings
justice system(joke business)
public roadways(joke business)
pockwood pond, hazardous smoke(joke business)
street water (joke business)
Joke business:-
we now have gun crimes knocking dog, broad daylight man running through the city letting off
the once peaceful land looks like it is becoming very exciting
a firearm in anyone’s hand that person has the potential to some serious nonsense
hear me good…..
the BVI does not make weapons yet we have guns east, north, west & south. this tells you that there is a very serious lack in our border security
Border Security fall under His Excellency and Guns & Drugs all over the place
Moreover, justice delayed is justice denied. The VI should be ashamed and embarrassed with 70 persons or over 1/2 of its prison population on remand. And even worst some have been on remand for years. What happen to the speedy trial principle? Is that out the window? Are prisoners on remand convicted before even having a trial date? What if they are found innocent having served lengthy prison sentences? How can they be made whole? They cannot, for the lost time away from families cannot be gotten back. Are they going to be compensated for serving excessive time without being convicted? The legal system needed to be fixed now. The colonialist needs to quit putting their thumbs on the scales of justice, if the allegations are true. If the allegations are true, then Governor Rankin needs to leave now, not January 2024? .
Here is a message, a news flash, for fellow Virgin Islanders, your inappropriate behaviors , disunity, putting the needs of others over your own, silence, sambo-like behavior gives the colonialists at Mount Olympus and at FCO license to treat you the way they are—like second class citizen, an underclass . Wake up from your deep slumber and agitate, advocate, etc peacefully for your rights, freedoms, etc. Get some personal and national pride. Be proud of who you are instead of letting others define you. The change you are waiting for is in your hands.
When the W..... oppressors/Gov. is saying he is a human right lawyer and will not allow anyone or anything to violate our (BVISLAANDERS) human rights, So, a Police bill can be passed, and right under his watchful eye we have all kinds of constitutional and human rights violations.
HMMMMM Thing To Talk.
Time for a change.
de debil iza w*** man
de debil is....
u fraid satan
dat mysterious man
https://www.youtube.com/watch?v=L3RY5CKkWdc
Boy I feel sorry for vino when them wh*** vindictive boys done with you all I warn you they are coming
This is because you have professionals - both judges and lawyers - at work in the Commercial Court. They understand the importance of what they are doing, and once the lawyers come to court, they come prepared to fight for their clients. Not so much in the Criminal Court. We have lawyers coming to court not prepared, the DPP's Office not prepared, the lawyers not prepared (don't get me started on them). Simple matters that could have been sorted out between the prosecution and the defence lawyers before getting to court not even done. Then we now have a criminal judge who just talks non-stop. Get to the point and move matters along.
When last was there a trial in the Criminal Court? Something really needs to be done, especially with those accused persons on remand for a long time.