CoI reveals Bilal Rawat may be illegally participating in VI Inquiry
These concerns raised, which may have blindsided the Commissioner, came during Day 10 of the hearing on June 14, 2021, from Silk Legal Attorney-at-Law Mr Richard G. Rowe, who referred to the matter as one of great concern regarding those participating in the Inquiry and given his status as a magistrate in the VI.
Compliance with Legal Profession Act, 2015
“Before I begin, may I ask this question and this has concerned me a bit… the Legal Profession Act requires that persons participating in this commission be called to the BVI Bar, it has come to my attention that this may not be the case,” he said.
Further, Mr Rowe asked Commissioner Gary R. Hickinbottom whether all the participants were in compliance with the Act by being called to the Bar and to provide copies of their practising certificates.
While the commissioner had inquired on whether those participating had their certificates to show they were called to the Bar, Mr Hickinbottom attempted to exclude the Council to the Commission, Bilal Rawat, from having to comply.
According to Attorney Rowe; however, having been subjected to extensive questioning from Mr Rawat, in which he was presumed to be the main inquisitor, he said his concerns would also include the main inquisitor and all his supporting staff.
Rawat presumably practicing legal work in CoI
“Those who are coming to practice law in the Virgin Islands, must be au fait with the law of the Virgin Islands and as the law indicates clearly, ignorance of the law is not a defence,” he said.
“It is expected that anyone coming here to practice in the Virgin Islands, research the law, make themselves aware of it and practice it… so that I assume will be the very first act before anyone would dare come before this commission and seek to hold themselves out as barristers, attorneys, solicitors et cetera.”
CoI Commissioner Hickinbottom told Rowe that he did not give notice to raise the issue, which was a question put to the Commission. According to Rowe, non-compliance with the Legal Profession Act, 2015 to be practising law in the VI would be considered a criminal act.
CoI work 'Not a practice of BVI Law' - Commissioner
CoI Commissioner Hickinbottom, in a perplexing answer, then responded to Rowe that he does not believe and consider that the work being undertaken in support of the CoI to be the practice of BVI Law.
It is ironic and questionable that Mr Hickenbottom still ordered that any participant not complying with the law raised by Mr Rowe should become compliant.
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39 Responses to “CoI reveals Bilal Rawat may be illegally participating in VI Inquiry”
Serves the rather smug individual right.
I'll tell you why, because admitted or not once he isn't affecting their bottom line ($$$) they could care less.
If it is the BVI Bar Association they are awful quiet
I don't know about you but I am interested to know if the lawyer to the commission is working illegally, then the entire process will be illegal. They have an agenda and this is just a show to fool the people. The Commissioner knew that the outcome is settled.
Among those documents, is the Commission of Inquiry Act (Cap. 237 of 1880), which can be viewed here: https://bvi.public-inquiry.uk/sites/default/files/2021-01/11.%20Annex%20B%20-%20Col%20Ordinance%20-%20BVI.pdf
Note that this is directly linked to from the CoI website itself, so it stands to reason they know what the Act contains.
Section 10 of Cap. 237 indicates that:
"(1) Commissioners acting under this Act shall have the powers of a Judge of the High Court within the Territory..." It then goes on to further delineate those powers under (a), (b) and (c)
Section 11 of Cap. 237 indicates that:
"(2) Every commissioner acting under this Act shall have in the exercise of his duty as a commissioner the same protection and immunity as a Judge of the High Court."
A Judge of the High Court can be reasonably understood to be a legal practitioner.
The Legal Profession Act, 2015 (No. 13 of 2015) defines a "legal practitioner" as follows: "except for the purposes of Part VII, means a person whose name is entered on the Roll in accordance with this Act". To "practise law" is further defined in the same Act thus: "[means] to practise as a legal practitioner or to undertake or perform the functions of a legal practitioner, as recognised by any law whether before or after the commencement of this Act".
Part VII of the same Act (Remuneration) clarifies under section 40 that "legal practitioner" INCLUDES the executors, administrators and assignees of a legal practitioner and speaks largely on remuneration of costs (hence the name of that section).
Per the CoI's own website, "Sir Gary Hickinbottom is the Sole Commissioner in the British Virgin Islands Commission of Inquiry." Per the press notice of 3 February 2021 on that same website, Mr Bilal Rawat is participating in this Inquiry "as Counsel to the Commission of Inquiry". The role of "counsel" can be reasonably understood to be that of a "legal practitioner"; the same press notice in fact goes to great pains to detail his legal expertise.
It can thus be argued that both the Commissioner and the Counsel to the Commission are in the territory in the capactiy of legal practitioners, and they need to abide by the relevant legislation accordingly, especially given that the Legal Profession Act of 2015 applies retroactively to the Cap. 237 of 1880.
All that is needed is for both gentlemen to kindly furnish their certificates as obtained under the Act and thus demonstrate their authority to summon witnesses, to request bundles and documentation and to make inquiries of witnesses for the record. They will hopefully comply swiftly.
but why didn't the govt just not give a work permit to the judge and his minion?