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Another court win for Wade N. Smith against Governor, HR Dep't & PSC

It was on Thursday, August 18, 2022, that Comptroller of Customs Mr. Wade N. Smith was sent on administrative leave without reason in a process that did not follow the laws and regulations of the Virgin Islands. Photo: VINO/File
Mr Wade N. Smith took the Government to court, specifically, the Governor Mr John J. Rankin CMG, the Human Resources Director, and the Public Service Commission (PSC), and asked for a Judicial Review (JR). Photo
Mr Wade N. Smith took the Government to court, specifically, the Governor Mr John J. Rankin CMG, the Human Resources Director, and the Public Service Commission (PSC), and asked for a Judicial Review (JR). Photo
Mr Wade N. Smith serves as Comptroller of Customs for HM Customs in the VI. Photo: HM Customs
Mr Wade N. Smith serves as Comptroller of Customs for HM Customs in the VI. Photo: HM Customs
ROAD TOWN, Tortola, VI - It was on Thursday, August 18, 2022, that Comptroller of Customs Mr. Wade N. Smith was sent on administrative leave without reason in a process that reportedly did not follow the laws and regulations of the Virgin Islands.

He took the Government to court, specifically, the Governor, the Human Resources Director, and the Public Service Commission (PSC), and asked for a Judicial Review (JR).

Mr. Smith was successful and the JR was granted on November 3, 2022. The first hearing of that judicial review was set for January 12, 2023. After his first letter of administrative leave had expired, Mr. Smith received a second letter extending his leave, again, without reason from the Governor and  PSC.

Human rights were violated - Smith

Mr. Smith via his attorneys applied for a second JR on the second suspension, the Application for JR was made on the grounds that:

1. The decision did not follow the Government's Human Resource Policy, which requires that public officers be made aware of allegations against them in writing prior to an investigation into a public officer;

2. The Applicant had a legitimate expectation that the Human Resource Policy would be followed;

3. The Service Commission Regulations requires that before a matter is referred to the PSC, that a head of department must be given a written notification from the Deputy Governor. The Applicant received no such notification from the Deputy Governor;

4. The Applicant was not given an opportunity to defend himself prior to being sent on administrative leave, which is contrary to the Constitutional Order 2007, which requires that natural justice be followed. In addition, Commissioner Smith alleges that he ought to have been given notice of the allegations against him and that he be given an opportunity to be heard before any adverse decision is made against him;

5. His administrative leave was deducted from his accumulated leave (vacation), despite the fact that the Human Resource Policy stipulates that administrative leave can only be deducted from accumulated leave/vacation when the public officer has been found guilty of an offence. Mr. Smith was not found guilty of an offence.

6. Finally, the administrative leave decision made by the Governor, PSC, and Director of HR was irrational and disproportionate. Mr. Smith an indigenous Virgin Islander was again successful in the request for the second JR.

Double standards as some get a pass

In the one-man Commission of Inquiry (CoI) report it found no issues with the Customs Department under Mr. Smith’s leadership.  Additionally, the Police Force now under Commissioner Mark Collins, has faced scandal after scandal however, has been overlooked by the CoI and the Commissioner of Police has to date, not been sent on administrative leave.

In the Smith case, the court also agreed that a full hearing should go forward on both matters requested for the JR. 

Mr. Smith is represented by high-powered attorney Terrence F. Williams of Chase Law & Co, however, Attorney Williams, who resides in Jamaica, could not be reached for comments. 

Many residents have claimed that there is a witch-hunt allegedly led by Governor John J. Rankin and the UK police officers to harass prominent residents, destabilize the territory, create chaos, and damage the credibility of high-profile personalities in the VI with little or no evidence.

47 Responses to “Another court win for Wade N. Smith against Governor, HR Dep't & PSC”

  • ccc (02/11/2023, 19:34) Like (38) Dislike (11) Reply
    Big up wade keep fighting for justice
  • 45 (02/11/2023, 19:43) Like (23) Dislike (15) Reply
    Congrats wade snd others wiññ take the same path. The Governor and the UK people need to leave here. Wicked rscial peoole.
    • Round one (03/11/2023, 03:04) Like (16) Dislike (16) Reply
      Round two is to now unite as a people and fight for equal rights and justice. I continue to warn all that the Order in Council by the Governor and UK to suspend a country's constitution in the 21st century is totally non democratic, evil, high handed, wrong, and a modern day slavery whip. It must be withdrawn and abolished right away. It is wrong on all fronts.
      • @Round one (03/11/2023, 11:50) Like (4) Dislike (1) Reply
        WELL SAID!
      • Word of advice (04/11/2023, 03:38) Like (2) Dislike (0) Reply
        The accounts of the former Governor and his family needs to be investigated. The results may surprise many.
  • The War. (02/11/2023, 19:53) Like (21) Dislike (45) Reply
    Winning the small battles. The War is still to come. Lets see if he can win the war. I doubt it..
    • @The War. (03/11/2023, 02:56) Like (9) Dislike (11) Reply
      The real war is to ensure the Governor is held to account by the laws of the land like every citizen and elected official. It is a slavery system to have an individual above the laws and also in charge of the police. This is an oppressive regime that needs to be eliminated immediately as it lends itself for serious abuse. The same holds true for the UK Commissioner of Police. Absolute power corrupts absolutely.
      • Sanji (03/11/2023, 09:32) Like (71) Dislike (6) Reply
        Held accountable like how the politicians, drug man, Prominent bvi families are held accountable? lmfao right.

        Tax monies still being theft/misused. (grants)

        Dope still running with no comment from elected officials.

        If you don't have a certain last name don't matter what degree yuh got.
        • @Sanji (03/11/2023, 11:47) Like (11) Dislike (7) Reply
          You can tell you are a UK blogger and someone who is disrespectful to the people of the BVI. You are also a racists because anyone who holds one race more superior than a next with their thoughts and actions is a racists. The significant majority of the BVI are law abiding and good citizens. If you do not like us then leave from posting piddle and pressing like all day. I dispise people like you. You act as if the UK and other countries are crime free and only if you come from the UK can you have integrity. This is a blatant insult to the people of the BVI. You are just showing your true colors what you and the same Governor, UK, and their gang really feel and think about the majority of people of the BVI. This is why their abuse of power is taking place and needs to stop.
    • @ the war (03/11/2023, 05:38) Like (7) Dislike (7) Reply
      Initial information suggested that wade did nothing wrong but they want him to be trapped inside the legal system for years to come
      • To @ the war (03/11/2023, 11:49) Like (4) Dislike (0) Reply
        You are so correct. This is why this is abuse of power. They hope he runs out of resources to fight them and just give up so they could look as if they were always correct when in fact they never was.
  • Black peoples (02/11/2023, 19:56) Like (22) Dislike (24) Reply
    This is a win for all the residents of the bvi
    • @Black peoples (03/11/2023, 02:59) Like (9) Dislike (12) Reply
      You are so correct but it is a win for the preservation of democracy. This is why the attempt to pass that high handed police act where they can search anyone's home without a warrant and just barge in must be fought at all cost. Can you imagine how many innocent people will be targeted and destroyed by the ongoing UK plot if this passes? It is scary to even think on it.
    • bvi (03/11/2023, 05:56) Like (12) Dislike (13) Reply
      Don't include me. is is no win for me, let wade fight he battles.
  • Career killa (02/11/2023, 20:03) Like (19) Dislike (6) Reply
    Mr governor, what a way to exit the BVI.
    First ever in the history of the BVI a U.k appointed governor has been judicial reviewed. When are you going to put a stop to Mark? He destroyed your good name with his reckless tactics.
    What are your peers back home going to think?
    • VG Youth: Wake UP BVI!!! (03/11/2023, 03:12) Like (13) Dislike (10) Reply
      I continue to say the post of Governor in the modern day era needs to be an elected position. The Governor needs to be held accountable to the people and not a set of senior UK public officers millions of miles in the UK who do not care about our culture and heritage as a people. I also continue to say there needs to be legal action taken against the COI as it's procedure and report were not transparent nor independent of the Governor and UK as they are trying to make us believe. Time for action in the courts. These people cannot be allowed to act like they are above the law and the only rights the BVI people have are the ones they see fit to give us.
      • Rodney (03/11/2023, 11:47) Like (3) Dislike (3) Reply
        Above the law you say?
        Did Andrew Fahie also think he was above the law?
        I see your post has more dislikes than likes. Exactly.
        • @Rodney (03/11/2023, 12:30) Like (3) Dislike (0) Reply
          Everyone with sense know what really took place with them with Andrew and time will tell there also. The point is though is he is not above the law and so should the Governor and all those he is empowering to abuse people's rights hoping they do not have the resources to fight them in court for which they would win and show their abuse of power and true corruption. This holds true for the processes and other areas of their preauthored and prearranged COI.
        • @Rodney (03/11/2023, 12:33) Like (4) Dislike (1) Reply
          You sell out yourself because it is only you and the few paid UK bloggers and few BVI haters pressing dislike all day. The majority of people do not have time to pres dislike so much on only anti BVI post nor do they care.
  • alicia (02/11/2023, 20:29) Like (3) Dislike (6) Reply
    Wait for it
  • justice (02/11/2023, 20:29) Like (13) Dislike (15) Reply
    Old SLave Mill Grinding Slow but Grinding Still
  • Is this a plan (02/11/2023, 20:31) Like (19) Dislike (9) Reply
    Who is going to foot the bill for all these law suits?
    Is this a plan to destabilize our treasury so we need them?
    C.O.P leaves customs out of everything including border security now way more trafficking and rvipf Officer involvement. Strange death of U.K officer with apparent toxicology cover up. Governor a former attorney that understands law and being judicial reviewed. Someone in government or opposition needs to stand up and ask some questions. I bet Carolyn and najan has the same situation. Political leaders stand up for your people!
    • @Is this a plan (03/11/2023, 03:31) Like (8) Dislike (5) Reply
      You are so correct. They are taking abuse of out people's rights because they know the people do not have the resources to fight for their rights in the courts. So they are doing as they please out of us. Our leaders on both sides are a waste of time.
    • @IsThisaPlan (03/11/2023, 06:50) Like (4) Dislike (3) Reply
      Oh the conspiracy! Dare I ask my friend, "Are you unraveling? I pray not!"
  • Malcolm X (02/11/2023, 20:56) Like (7) Dislike (7) Reply
    London go back home go eat Amarillo dirt cops
  • Ha,ha (02/11/2023, 21:04) Like (9) Dislike (3) Reply
    I know your guilty
  • @ BLONDIE (02/11/2023, 21:09) Like (2) Dislike (5) Reply
    U blogging a lot of racially motivated rethoric / Y don't U go down there and lynch the man yourself instead of airing out your trap
  • 999 (02/11/2023, 21:34) Like (9) Dislike (5) Reply
    the white folks here to get their hands on the cocaine and the cocaine money
    • @999 (03/11/2023, 11:54) Like (5) Dislike (0) Reply
      You are on point. Ask yourself when last you see any white folk in the BVI investigated, arrested, and jailed.
  • One step closer (02/11/2023, 22:15) Like (7) Dislike (4) Reply
    Congrats Wade! What they are doing is absolutely ridiculous this is the best step to take!
  • justice for all (02/11/2023, 22:32) Like (2) Dislike (6) Reply
    Hope wh when BVI who have expats working for them and fire them with out pay and think it ok cause the immigration give them one week to leave the island that it going done there look out we fighting for our rights to so stand by them days DONE so wunna better got our packages properly done
  • Public Officer (03/11/2023, 03:23) Like (9) Dislike (4) Reply
    The Governor and his UK Commissioner of police can investigate and come after anyone based on rumours which they now calling Intel. But when it is on one of them they quickly dismiss it and no one can investigate them. This is wrong. The President of the US is not above the law and can be investigated so why is a common man from the UK as Governor be allowed to be above the law and at the same time in charge of the police force. When will our people start to speak up and fight against these injustices? The time is now.
  • Let's face it (03/11/2023, 03:24) Like (12) Dislike (3) Reply
    The only solution is a revolution.
  • bvi (03/11/2023, 03:28) Like (11) Dislike (5) Reply
    Most of you do not have a clue how high handed and mischievous this commissioner of police and Governor is on a daily basis. If they are not made to be accountable and if the laws of the land are not applied and enforced on them then they will reap havoc in the BVI to try to carry out their plot. Look a modern day slavery tactic being played out right before our eyes and their ancient colonial spirits have the majority fast asleep and afraid. Our leaders need to stop fighting each other and stop fighting the wrong fights and start to fight this injustice before it is too late.
  • Amazing (03/11/2023, 03:35) Like (10) Dislike (3) Reply
    Some of senior public officers are always ready to stand up against their people and their ministers and rightfully so if something is not right. But they are dead afraid of the Governor and just do what he wants even when it is wrong and not legal and against people's rights. The Governor is running the country out of fear.
  • bvibuzz (03/11/2023, 05:29) Like (6) Dislike (2) Reply
    And obviously a witch-hunt will satisfy the UK somewhat. Because they want to see us eating crumbs from their table
  • lodger (03/11/2023, 05:34) Like (7) Dislike (5) Reply
    This Administrative leave - designed to increase voter lack of support for the locals running the government and not to enrich the lives and socioeconomic wellbeing of all virgin islands residents.
  • jack (03/11/2023, 07:23) Like (3) Dislike (4) Reply
    The governor forget these people grew up with the judge and prosecutor,lol that is the reason why the state never win a case because everyone is friends and for the right price things could happen.
    • @Jack (03/11/2023, 11:57) Like (2) Dislike (2) Reply
      Foolish post. How you know the Governor did not grow up or worked with the his hand picked Commissioner of the COI or the UK Commissioner of Police. Some of you really believe the people of the BVI have no rights nor sense.
  • jack@$$ (03/11/2023, 10:41) Like (10) Dislike (1) Reply
    Looking at the signs we can assume that Wade Smith is and was Government official 1 and that the Governor acted in haste and did not dot his i's or cross his t's. Rules aren't just for some the rules are there for everyone so glad he can get his justice but the damage is already done. They wanted to ruin his reputation and he had political aspirations which worried them. They have information in the NSC that we are not privy to and it is why they went after him. This is how it looks to me from my vantage point.
    • To jack@$$ (03/11/2023, 12:05) Like (12) Dislike (1) Reply
      Nice post. It begs a bigger question on what if the information on Government official 1 was never true and they acted wrongfully out of haste to do whatever they always wanted to do so while he was out they could take over. I also asked if Government Official 1 happened to allegedly been the UK Commissioner of Police would the same actions have been taken? I think we all know the answer to this last question. They would have condemned it and ignored the allegations stating it is false. We have been hoodwinked. These people see us as inferior and them as superior and it will not change unless the people of the BVI wake up and start fighting back for equal rights and justice.
  • Interlocutory (03/11/2023, 11:40) Like (2) Dislike (11) Reply
    decisions are not a 'win' just another step in the Judicial Review process.

    If every judge's daily decisions received this amount of publicity then the media would not have the time or power to report on the BVI's other politicians!
    • @Interlocutory (03/11/2023, 12:25) Like (3) Dislike (0) Reply
      So if the decision by the court was he have no grounds to be awarded a judiciary review on the action you would be on here posting something different so try get lost. The mere fact the court's decision rules a judiciary review is in order CLEARLY shows they recognize questionable actions that are worth pursuing.
  • Worrisome (03/11/2023, 12:07) Like (4) Dislike (2) Reply
    The courts keep revealing the Governor and UK Commissioner of Police are wrong and acted out of turn legally. Yet they study them not. This is worrisome. Can you imagine what they will do to the people's rights if they ever suspended the constitution and they are the only law in town? This is worrisome.
  • @worrisome (03/11/2023, 20:44) Like (2) Dislike (0) Reply
    You comments cut deep snd should be taken seriously at all levels. UK wanted Customs to fullfill their devious plot and complete their agenda but Wade was in their way. Every government body that starts with the name Her Majesty is destined to be headed by Uk nationals at any means necessay. Are we as a people blind?
  • New news? (04/11/2023, 01:30) Like (1) Dislike (0) Reply
    What has happened recently? I only see reference to Jan 2023. Has there been a new court case, and if so, what was it about? Please tell us VINO.
  • kudos (06/11/2023, 10:28) Like (0) Dislike (0) Reply
    Very good win for Mr Wade Smith, he is a respectable man. it always funny to see how they will go to war against good ppl but mum when the real scumbags doin dirt blatantly with no regard! Win after Win Mr Smith! Your integrity will always precede you!

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