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CoP Morris denies waiver to officer despite court ruling

- Ultimatum demanding reasons to be given to inflexible CoP
Without giving reasons Commissioner Police David Morris has denied to grant waiver for promotion to Police Officer Nicholas Tranquille. Photo: VINO/File
Attorney at Law Mr Ruggles Ferguson said his client will be giving the CoP an ultimatum. Photo: Internet source
Attorney at Law Mr Ruggles Ferguson said his client will be giving the CoP an ultimatum. Photo: Internet source
ROAD TOWN, Tortola, VI – “We will be giving him until next Wednesday, (December 3, 2014) to provide us with the reasons for his denial of the waiver and based on what he has as the reasons we will decide on the next course of action,” said Attorney at Law Mr Ruggles Ferguson who has been step by step with Police Officer (PO) Nicholas Tranquille in his quest for justice denied by Commissioner of Police (CoP) David Morris.

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”

  • Oh Please (28/11/2014, 09:00) Like (6) Dislike (8) Reply
    Why don't you stay in Barbados where your services are wanted
  • apple pie (28/11/2014, 09:03) Like (2) Dislike (14) Reply
    Morris is just to toxi he need to go!
  • white bread (28/11/2014, 09:56) Like (16) Dislike (11) Reply
    our cop run things in bvi. long live morris. keep your foot down on these guys
    • denis (28/11/2014, 12:41) Like (4) Dislike (6) Reply
      Your name says it all. We need our own COP. What has Morris done to uplift our police force -nada.
      Good riddance Morris. You will be remembered for being the most controversial and most "sued" COP.
  • legal team (28/11/2014, 10:25) Like (17) Dislike (7) Reply
    TAKE MORRIS BACK TO COURT,SIMPLE AS THAT!! LAW IS LAW: HE WAS SUED,HE APPEARED IN COURT WITH THE ATTORNEY GENERAL; THE JUDGE RULED IN TRANQUILLE'S FAVOUR.

    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!!
    • wize up (28/11/2014, 11:44) Like (1) Dislike (7) Reply
      to legal team; great idea BUT will never happen in BVI; if he was a local "black" the court would have thrown the book at his for contempt.....
    • FREEDOM FIGHTER (28/11/2014, 19:21) Like (8) Dislike (2) Reply
      Before you make such a rash and baseless comment, I think you need to read the judge's decision first, then looked at the FSO M7(4) before you utter statements that makes you look arrogant.

      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.
      • judge decision (29/11/2014, 05:02) Like (0) Dislike (0) Reply
        morris on platinum talkin sheeeet,tel he come vino with judge decision first
      • Tic Toc..... (29/11/2014, 12:31) Like (2) Dislike (3) Reply
        Thanks Freedom Fighter aka Bush Lawyer for your interpretation here, unfortunate the countless legal minds...inclusive of all the Justices are sitting in the chair of justice and simply shaking their head in disbelief, smiling away...Commissioner Morris the clock is ticking... tic toc...tic toc....
        • FREEDOM FIGHTER (29/11/2014, 14:37) Like (3) Dislike (1) Reply
          I am also smiling too because common sense is not as common as we believe but I will bet you that at the end of the day Teanquille will say that he fought a good fight but at the end he lost base on terpretation of the law, and the unwillingness to give up even when he's staring down the barrel of defeat.
      • Hmmmmm (29/11/2014, 14:03) Like (3) Dislike (2) Reply
        Freedom Fighter sounds like a police officer and one that seems to have to sense of reasoning as it relates to the Judge's decision and the Commisioner's position. Looking from the outside it seems as if Tranquille is fighting a losing battle and as you rightfully say, that cost might be awarded him the next time around and it is going to hurt him more than how it hurt the Commissioner. The government will pay the cost now, not Mr. Morris, but he Teanquille will be forced to fork out the cash, and failing to pay then they will be coming after him.
      • Egel (30/11/2014, 15:32) Like (3) Dislike (2) Reply
        Quite wordy in your Defence of the defenceless. What is happening here is a diligent stripping or removing of the rights persons have under the laws of the VI. Morris utters many of the comments that were to cause the government to form the PSC. In no less than a few months of him coming to power the governor of that day decided to devolve some of his power, thereby effectively nuturing the PSC. While everyone was hoping that succeed where his predecessors failed it is clear that he's done so in the negative. It further proves that a good commish is not ordained from perceived superior color stock, region of birth or educational institution. As a great dame sit at the masters' side believing in his invincibility then confident of victory until defeat law those notion to rest. He has shown he will not respect the men he command, the constitution of the VI therefore no less is expected of him in this matter.
  • blanch (28/11/2014, 10:39) Like (6) Dislike (6) Reply
    legal team i agree with you. lock his back side up he is now over doing things . disrespecting the lawyers and judges this governor will not side him with this one..
  • ccc (28/11/2014, 12:17) Like (12) Dislike (2) Reply
    Morris need to set an example for law and order
    • @blanch (28/11/2014, 12:58) Like (3) Dislike (7) Reply
      As seen here! The Higher ups in the police department are the breakers of the law, and he's on vino talking about t transparent process in promotion. MORRIS THE PEOPLE OF THE FORCE AND THE BVI PEOPLE DO NOT WANT YOU HERE, GO BACK TO ENGLAND!!!!!!!!!! MR. OREO !!!! THE HEAD LINES SHOULD HAVE READ COMMISSIONER OF POLICE IN THE BVI HAS NOT RESPECT FOR THE COURT, Morris you playing with fire here, the governor should ask you to step down.
  • wdf (28/11/2014, 12:50) Like (2) Dislike (8) Reply
    Morris make news again, HMMMMMM BVI celebrity, why dont he just go back to the uk!
  • blanch (28/11/2014, 15:03) Like (1) Dislike (7) Reply
    lord he was suppose to go back next month but you know how the bvi nice they do not want to leave .i think that he make fr.... retire because he do not want to take orders from a black man they must be under him he only playing nice .
  • TALK THAT (28/11/2014, 17:09) Like (1) Dislike (2) Reply
    how can the police chief break the law?
  • onlooker (28/11/2014, 21:21) Like (3) Dislike (0) Reply
    The force is corrupt.Send in England police Morris don't back down from none of them.
  • @onlooker (28/11/2014, 21:42) Like (1) Dislike (2) Reply
    Hmmmm Dont know Dont talk!!!!! If the force is corrupt , then Morris is, he is in charge! think about it!!!! not a good reflection on him. Besides Mo-ris is Corrupt, time will come to past and you will say wow. "Morris don't back down lol, Morris will wish he never come to the BVI when the music finish Play.
  • Assessment man (29/11/2014, 07:32) Like (3) Dislike (1) Reply
    Thank you "Freedom fighter" for your breakdown of the facts. Finally a comment of worth!
    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.....
    • my 2 cents (29/11/2014, 12:00) Like (1) Dislike (0) Reply
      Assessment man stop being a damn follower...go read the authority and construe for yourself....and just in case you're impotent in this department, see a legal advisor who has some time to spare on the aforesaid interpretation... Once again my two cents.
  • @ freedom fighter (29/11/2014, 10:37) Like (1) Dislike (2) Reply
    we say. take morris back to court,let the court decide,the matter went to court and the judge rule,morris didnt appeal,so he accepted the ruling,tranquille was in barbados when exams were being done,this is a good reason to waive him from doing it,morris like to much fight, take him back to court
  • FREEDOM FIGHTER (29/11/2014, 14:13) Like (4) Dislike (1) Reply
    The Commissioner need not appealed the Judge's decision. The court judgment was that it was send for the commissioner to re-consider his decision under the circumstances. The commissioner has reconsidered but decided to stick to his original decision. As I said before that the FSO m7(4) said that the Commissoner MAY waived. It simply means that he could have make another decision to suit Tranquille and he decided that he won't because he has the expressed discretionary powers to do or not to do and the Court cannot force the commissioner under such circumstances to make a decision in which he have options at his disposal. It's simple. Doesn't take a rocket scientist to figure this one out.
    • Toto... (02/12/2014, 14:51) Like (0) Dislike (0) Reply
      To Freedom Fighter, since you NEVER came back to us with paragraph 68 of the judgement in Nicholas Tranquille v Commissioner of Police, I am posting here the justice's dicta for the benefit of the rest of us who are still waiting for your reply. Here goes, "I also therefore find that the Claimant was entitled to have his request considered by the Defendant and he had thus misdirected himself when he made the decision that he was not in a position to do so" See entire judgement or download online at 'eccourts.org' Thank you!
      • FREEDOM FIGHTER (04/12/2014, 16:54) Like (0) Dislike (0) Reply
        It would appeared as if my last post has hit a nerve and restored some common sense thinking as it relates to the Judge's decision, as I am yet to hear your rebuttal to my comment in explaining the decision and the reason why I am of the view that you are fighting a losing battle
  • Toto.... (29/11/2014, 15:14) Like (2) Dislike (3) Reply
    @freedom fighter, you loyalty is noted. Indeed you are FIGHTING for YOUR very own existence and FREEDOM, no harm in that.. Some advise here stop making yourself smell like an idiot ...... Read the judgement in 'toto' Latin for 'in the whole' return here and tell us what does paragraph 68 of the judgement also say with your hocus pocus gibberish. Thank you!
    • FREEDOM FIGHTER (02/12/2014, 15:41) Like (1) Dislike (0) Reply
      I did respond to your post but unfortunately the editors might have forgotten to post it, but I am glad you took the opportunity to send me an excerpt of the said section of of the Judge's decision. The judge said that the claimant was entitled to have his request considered and as such in the last section of her ruling where she said she's remmitting the decision back to the COP to have your claim considered under FSO M:7(4). That section clearly states that the COP "may waived" his authority and take the option that you are requesting. The word "may" also indictes that the COP have a choice. The choice that the COP have is either to satisfy your request or not to satisfy your request. He has taken the option of standing by his decision because the court could not have forced him to satisfy your request when he have the option. As a matter of fact if the COP after the court case decided to satisfy your request, it would appear as if it's a victory for you and a loss for him and there's where the EGO of human nature comes in. He will never satisfy your ego to the displeasure of his. So section 68 is a moral victory for you because you proved that the COP do have the discretionary powers, but it's a lost for you too because discretion is wholly and solely in the palms of the COP and he will never use it to benefit your request.
  • What-A-Ting (29/11/2014, 15:58) Like (1) Dislike (3) Reply
    @ FREEDOM FRIGHTER -- Mr. Police Officer, whilst the court cannot force him, he has been guided by the court. It seem to me, since you cannot figure this one out Damn..... How is it possible for a rocket scientist too? Simply applying it's literal meaning here. Of course, you must understand your boss is NOT an authority unto HIMSELF. Hence, the reason for a judicial review and a Minister of Justice decision... If your BOSS has issues with the judge's decision, he can appeal. Please don't allow your Boss to use your b....... as a scoring board, but then again what I am saying here, you sound like 'Little Tommy Tucker singing for his super. Just some advised here, when rain fall it does not fall on one man house alone. Go figure FREEDOM FIGHTER.
  • west end police officer (29/11/2014, 22:50) Like (0) Dislike (2) Reply
    Life was good for officers until morris came along being to vindictive
  • big bird (30/11/2014, 18:23) Like (0) Dislike (0) Reply
    The unsatisfying results are apparent to anyone who experiences the resulting of being in the RVIPF under Morris and he crew
  • 1 (02/12/2014, 23:50) Like (0) Dislike (0) Reply
    Police culture has to change. I'd love to see a cop around when I need one.


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