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CoI lacks ‘prima facie’ by having no preliminary evidence - Attorney Richard G. Rowe

- Inquiry commenced a secretive investigation without first informing the Gov’t
Attorney Richard G. Rowe of Silk Legal has called the VI Commission of Inquiry (CoI) one that reinforces colonialism in the face of UK resisting its internal CoI as a result of the Coronavirus pandemic, yet imposing an inquiry on the Virgin Islands at the same time. Photo: Silk Legal
On Monday, April 26, 2021, Speaker of the House of Assembly, Hon Julian Willock brought into question, the powers of the Foreign Secretary to make such a decision against the spirit of a modern partnership between the VI and UK as laid out in Article 73 of the United Nations Charter. Photo: VINO/File
On Monday, April 26, 2021, Speaker of the House of Assembly, Hon Julian Willock brought into question, the powers of the Foreign Secretary to make such a decision against the spirit of a modern partnership between the VI and UK as laid out in Article 73 of the United Nations Charter. Photo: VINO/File
Attorney Richard G. Rowe argument is that none of the reasoning for the hold-up of the bills is supported by the constitution of the Virgin Islands, as such, the UK Secretary of State Dominic R. Raab has no power to stay assent of bills based on the justifications given. Photo: Internet Source
Attorney Richard G. Rowe argument is that none of the reasoning for the hold-up of the bills is supported by the constitution of the Virgin Islands, as such, the UK Secretary of State Dominic R. Raab has no power to stay assent of bills based on the justifications given. Photo: Internet Source
BAUGHERS BAY, Tortola, VI – Attorney Richard G. Rowe of Silk Legal has said the Commission of Inquiry (CoI) in the Virgin Islands is one that reinforces colonialism and suggested it may even be hypocritical as it comes in the face of the United Kingdom (UK) resisting its own internal CoI as a result of the Coronavirus pandemic, yet imposing an inquiry on the Virgin Islands at the same time.

Citing an article from the Cayman Post on the May 4, 2021, edition of the 'Honestly Speaking' radio show, Attorney Rowe said the genesis of the inquiry, initiated by controversial Ex-Governor Augustus J.U. Jaspert, also lacked prima facie evidence, by starting its investigation without preliminary evidence of wrongdoing.

In the legal system, prima facie is commonly used to refer to either a piece of evidence presumed to be true when first viewed, or a legal claim in which enough evidence is presented to support the validity of the claim.

CoI is a 'last lick' for the ex-Governor Jaspert 

“It would appear to us that the Commission of Inquiry would have been, what is common terms amongst us in the Caribbean… a last lick from the outgoing Governor because the present government sought to govern itself rather than taking direct rule,” he said.

Attorney Rowe said instances of the power struggle came via constitutional breaches by the Ex-Governor Jaspert to assent to bills that were lawfully passed by the House of Assembly and doing so without any lawful justification.

The Virgin Islands Medicinal Cannabis Licensing Act, 2020 was passed with amendments in the House of Assembly (HoA) since June 30, 2020.

Another Bill, the Drugs (Prevention of Misuse) Amendment Act 2020, which seeks to decriminalise possession of small amounts of cannabis and erase some previous convictions, has also not been assented to despite being passed in the HoA.

Section 79, (2) under assent to bill, the constitution states, “when a bill is presented to the Governor for assent, the Governor shall declare that he or she assents to it or that he or she reserves the Bill for the signification of Her Majesty’s pleasure; but unless the Governor has been authorised by a Secretary of State to assent to it, the Governor shall reserve for the signification of Her Majesty’s pleasure any Bill which appears to him or her, acting in his or her discretion.”

  • (a) to be inconsistent with any obligation of Her Majesty or of Her Majesty’s Government in the United Kingdom towards any other state or power or any international organisation;
  • (b) to be likely to prejudice the Royal prerogative; or
  • (c) to be in any way repugnant to or inconsistent with this Constitution.

According to Attorney Rowe, none of the discretions laid out in the constitution applies to the reasoning for the hold-up of the current bills.

UK Secretary of State Dominic R. Raab violating VI constitution 

He said the response from the United Kingdom (UK) Secretary of State Dominic R. Raab to await the findings of the CoI to assent to bills legally passed in the House of Assembly is in effect suspending the legislative power of the lawfully elected representatives of the Virgin Islands.

On Monday, April 26, 2021, Speaker of the House of Assembly, Hon Julian Willock brought into question, the powers of the Foreign Secretary to make such a decision against the spirit of a modern partnership between the VI and UK as laid out in Article 73 of the United Nations Charter.

"By virtue of the Commission of Inquiry taking precedence over the Constitution of the Virgin Islands, the question we may now ask, is our Constitution being suspended?" he asked.

Attorney Rowe's argument is that none of the reasoning for the hold-up of the bills is supported by the constitution of the Virgin Islands, as such, the UK Secretary of State Raab has no power to stay assent of bills based on the justifications given.

17 Responses to “CoI lacks ‘prima facie’ by having no preliminary evidence - Attorney Richard G. Rowe”

  • omg (06/05/2021, 14:30) Like (16) Dislike (26) Reply
    still with the attacks on the UK, if you are going to fight this, did it smartly. This is not smart.
  • Idiot (06/05/2021, 14:42) Like (18) Dislike (40) Reply
    All investigations have to kept secret initially, otherwise evidence is destroyed
  • Tres Leche (06/05/2021, 14:44) Like (16) Dislike (1) Reply
    Soooo what are you going to do about it?
    Do you have a solution. Or are you simply another who is venting opinion.
  • Rubber Duck (06/05/2021, 14:53) Like (16) Dislike (14) Reply
    Wtf does he know about what evidence they have or have not.

    But good publicity for his law firm Silk Law , even if he is not actually a silk (QC)
  • robocop (06/05/2021, 15:10) Like (12) Dislike (6) Reply
    The obvious solution is have an independence vote. If the people do not want to have the UK providing oversight then they should push for full independence. I am sure the UK wont fight too hard to prevent the territory becoming an independent nation.

    The sniping about the UKs own issues is just pure whataboutery and only serves the benefit of those who may have been pilfering the public purse for years.
    • BS! (06/05/2021, 17:35) Like (7) Dislike (2) Reply
      No - the obvious solution is to have two independence votes. One to see if the people are willing and, if they are, a second vote when the exact terms of that independence are fully known and understood. One vote will just give you another Brexit scenario where everyone voted for some lies they were told and then got well and truly s****ed when the details were actually negotiated. By then it was too late because you only had one vote and you trusted your government.
  • lol (06/05/2021, 17:58) Like (0) Dislike (0) Reply
    Not even English.
  • Not a smart man (06/05/2021, 18:08) Like (16) Dislike (15) Reply
    These people in the BVI think they are above every law and can do what they want with public funds, say what they want to anyone,, Maybe you didnt see or hear how they were very disrespectful to the Governor...Be smart get the facts..Now they learn who are the parents and who are the children...
  • gfdfdggfdgfdgfdg (06/05/2021, 19:12) Like (10) Dislike (9) Reply
    The UK trying modern methods to try to enslave us again but it will not work.
    • Scrapper (07/05/2021, 03:57) Like (11) Dislike (5) Reply
      Still banging on about slavery? You do realise that’s been over a looooooong time now.
      Whatever the subject, if it suits your vision of the world, you can easily find a grievance. We can all do it but it holds us all back. Truth is, all races have done wrong. Put your energy into making things better for everyone.
      • josiah'sbay (10/05/2021, 18:48) Like (2) Dislike (0) Reply
        Truth is a lot of people don't know there history and the generational baggage that comes with it. There were set backs, economical stagnation and road blocks from that period. Those trauma have to be dealt with honestly before you can realistically move forward.
  • Lb (07/05/2021, 01:58) Like (12) Dislike (0) Reply
    This is a preliminary investigation not a court case. So prima facie is not relevant. The COI has nothing to do with the courts. What a waste of an article.
  • Local (07/05/2021, 05:09) Like (11) Dislike (2) Reply
    Y’all need to understand what it takes to be independent, the British Virgin Islands will STRUGGLE, you guys need to stop thinking the only solution is independent, it is dumb idea .. ESPECIALLY in these time ... stop with the dunce independence commits. Just, look at the independent islands, only the Bahamas can compare to the dependent countries.. please stop the foolery ..
  • daffy duck (07/05/2021, 07:50) Like (6) Dislike (0) Reply
    How can Mr Rowe gave an opinion on behalf of the Government who has not said so through their lawyers or PR representatives..Does he knows what the COI has ?
  • time (07/05/2021, 08:05) Like (2) Dislike (0) Reply
    time will tell all
  • the real deal (07/05/2021, 09:05) Like (2) Dislike (4) Reply

    Keep fighting the w**** racism mob trying to take over the bvi and eat up its resources



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