CoP Morris denies waiver to officer despite court ruling
As explained by Mr Ferguson, and which has been carried extensively by this news site during the processes of the court, the origin of this new matter had to do with PO Tranquille applying for the promotion examination to be waived after he had returned to the Virgin Islands from a stint in Barbados where he was performing duties as a training officer.
At that time CoP Morris had indicated to Tranquille that he (Morris) hadn’t the authority to grant the waiver for the sitting of the examinations, but this was far from the fact in when referring to the law provisions in the M74.
This had led to Tranquille moving to the High Court to challenge the decision of CoP Morris where the Court found that CoP Morris had indeed mis-directed himself as, according to law, he did have the power and the court had ordered that CoP Morris consider Tranquille’s request for a waiver.
However, CoP Morris on November 20, 2014 penned a letter to Tranquille which indicated that his request had been denied. This was done without a single reason for his decision but Morris had stated in the letter that such reasons would have been provided at a later date.
This, according to Mr Ferguson, was distasteful to the fact that providing the reasons should not have been an uphill task that warranted the CoP to have to take an extended and separate time to give his reasons and has such they have moved to giving him (CoP) an ultimatum of Wednesday December 3, 2014 to provide such reasons for his actions.
“Tomorrow (today Nov 28, 2014) in fact would be a week since this letter was written. He can’t be taking long, this is not some complicated judgment, this is a simple issue. He has already indicated that ‘I deny the application’ and he said reasons will follow,” said Mr Ferguson.
If this is conceded or not by CoP Morris, the legal man with the consent of his client will be guided as to their next actions.
Persons who have knowledge of the modus operandi of the Royal Virgin Islands Police Force (RVIPF) would have observed and smelled the ‘rat’ in CoP Morris’ action of sending PO Tranquille such a denial on the date he did.
In fact November 21, 2014 was the deadline for the submission of applications for the sitting of the next scheduled promotional examination of the RVIPF.
“In the meantime the next set of exams, the deadline for the new set of exams that is coming up. So he has the hired duty to inform the man complete with reasons why he is denying,” said Mr Ferguson.
He also explained that this new examination that is to come will fall under a new procedure which was recently instituted, however, PO Tranquille’s request, based on the court’s order, ought not to fall under the new system but had to be considered on the system that existed in 2013 to the date that he (Tranquille) had made the application for the waiver.
33 Responses to “CoP Morris denies waiver to officer despite court ruling”
Good riddance Morris. You will be remembered for being the most controversial and most "sued" COP.
MORRIS DID NOT APPEAL, TO THE COURT OF APPEAL [SO HE ACCEPTED THE JUDGE'S RULING] BUT HAS REFUSED TO OBEY THE JUDGE'S INSTRUCTION.
IS MORRIS PLAYING BEBBELL WITH THE V.I CONSTITUTION?
WELL, GET A BENCH WARRANT FROM THE JUDGE TO DETAIN MORRIS FOR CONTEMPT OF COURT!
HE TOO DAAAM LAWLESS!!
The Judge in her decision making said that she has quashed the decision of the COP as it relates to him not having the discretionary powers to waived his decision.
She went on to say that she is "remitting" to the COP to consider his decision as it relates to FSO m7(4). The word "remitting " means to send back. The COP having heard the judgment of the Court decided that he will not reconsider his decision or he haves reconsidered his position but the decision remains the same.
Now let us look at what FSO M7(4) says "the requirement to pass any of the Professional Examinations MAY BE WAIVED ON THE PERSONAL AUTHORITY OF THE CP............." What the COP did was to used the words "may be waived" to deny Tranquille the opportunity of promotion. The COP has done nothing wrong in relations to that. What he actually did was to tell Tranquille that as it relates to him [Tranquille] he the COP will not exercise his discretionary powers and now Court can forced the COP under those circumstances where the word "may" is enshrined to go against his discretionary powers where it could be either be for or against.
I will suggest that Tranquille just do the exam and get it over and done with because if he take it further and lose then this time around cost is going to be awarded against him.
Its difficult to read this story with quotes from the Attorney. It appears that either English is not his first language or as an attorney he is ill-equipped for the job.
I urge the chief of police to stick to his position. Why should anyone be exempt from the exam. I mean, he just have to earn the right to a higher position. What's the legal issue?? If this officer does not want to follow rules how can he be expected to enforce rules and practices in the community??? Good riddance Mr. Officer - B gone.....