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Pending criminal charges cannot disqualify Members or those running- HoA Report

Members of the House of Assembly have supported the principle that pending charges should not, without conviction, automatically disqualify a candidate, and agreed that disclosure of spent convictions supports transparency without imposing disproportionate barriers to candidacy. Photo: fity.club
From left: Governor Daniel Pruce and Interim Commissioner of the Royal Virgin Islands Police Force (RVIPF), Richard Ullger. The House of Assembly members have acknowledged that over the past five years the justice system in the Virgin Islands has been used by the United Kingdom (UK) appointed Governors, the Commissioners of Police and others to go after outspoken potential politicians and those fighting for justice in the society, with bogus charges. Photo: GIS/File
From left: Governor Daniel Pruce and Interim Commissioner of the Royal Virgin Islands Police Force (RVIPF), Richard Ullger. The House of Assembly members have acknowledged that over the past five years the justice system in the Virgin Islands has been used by the United Kingdom (UK) appointed Governors, the Commissioners of Police and others to go after outspoken potential politicians and those fighting for justice in the society, with bogus charges. Photo: GIS/File
Many believe the criminal charges against Honourable Myron V. Walwyn (R6) were bogus charges to keep him out of elective politics because he had been outspoken against the UK and colonialism. Photo: Facebook/File
Many believe the criminal charges against Honourable Myron V. Walwyn (R6) were bogus charges to keep him out of elective politics because he had been outspoken against the UK and colonialism. Photo: Facebook/File
ROAD TOWN, Tortola, VI- The Lisa E. Penn-Lettsome Constitutional Review Commission recommended updating constitutional disqualification provisions for elected members or those who wish to seek office in the House of Assembly (HoA).

Her Commission, in their report, called for a review of the categories of offences that should disqualify a person upon conviction, confirming that a person should not be disqualified solely on the basis of a pending charge.

Knowing that over the past five years the justice system in the Virgin Islands has been used by the United Kingdom (UK) appointed Governors, the Commissioners of Police and others to go after outspoken potential politicians and those fighting for justice in the society, with bogus charges.

With this in mind as background, the HoA Committee of the whole house accepted this recommendation, and it will be part of the position in the London negotiations led by Dr Natalio D. Wheatley (R7).

Rationale of elected members

Elected Members agreed that the existing provisions would benefit from greater clarity and that the Penn-Lettsome report and approach appropriately balance integrity in public office with fairness and due process.

Members supported the principle that pending charges should not, without conviction, automatically disqualify a candidate, and agreed that disclosure of spent convictions supports transparency without imposing disproportionate barriers to candidacy.

It was agreed by the HoA the need for Constitutional amendments with detailed categories and processes to be settled during drafting and supported by electoral legislation where necessary.

In the 2023 general elections, former Leader of the Opposition and Sixth District Representative, Hon Myron V. Walwyn, was facing criminal charges over the Elmore Stoutt High School wall. He ran and won with the charges over his head. Many believe they were bogus charges to keep him out of elective politics because he has been outspoken against the UK and colonialism. He won the case, and it's now under appeal.

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