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Police often let persons with small amounts of cannabis off- ACP Morris

Acting Commissioner of Police, David Morris (2nd left) appeared on ZROD 103.7 FM’s Morning Ride Show on February 20, 2013 and told host, DJ Paul ‘Gadeithz’ Peart that part of the job of the force is to treat people with equality if not necessarily equally and and that police can also exercise their discretion whether to prosecute a crime or not based on the nature of it. Photo: VINO/File
ROAD TOWN, Tortola, VI- What some persons are now saying is a case of the police violating the very law they are supposed to be upholding since they are now becoming ‘’judge and jury”, Acting Police Commissioner David Morris has revealed that there are many occasions when members of the Royal Virgin Islands Police Force do not prosecute first time offenders.

While the police may very well be in authority to exercise such a discretion, the argument is that such powers should not rest with them since it is unfair to others who may not “get lucky” to be spared prosecution.

Mr Morris appeared on ZROD 103.7 FM’s Morning Ride Show on February 20, 2013 and told host, DJ Paul ‘Gadeithz’ Peart that part of the job of the force is to treat people with equality if not necessarily equally and and that police can also exercise their discretion whether to prosecute a crime or not based on the nature of it.

Obviously, in terms of policing, every police officer has the ability to use their discretion and what officers do sometimes…we get operations over the weekend and we arrest individuals with small amounts of cannabis, we take them to the station, we caution them, because they have had no previous convictions and release them.

At this point Mr Peart asked the Acting Commissioner to “say that again…”

“That’s right, because they have had small amounts, and am talking about very, very small amounts, personal use, they have had no previous convictions, they have not come across as having committed any unlawful activity so we use our discretion, we talk to them, caution them and release them,” Mr Morris explained.

“I have seen persons taking to court over a small amount of marijuana and they didn’t have any previous matters before the court and had a clean record so I really don’t understand how that could be fair to some persons,” one resident told Virgin Islands News Online on the basis of anonymity.

“Cannabis is unlawful therefore, whether big or small, personal use or not, it is not legal in the BVI so not one should be spared. In doing so you give people the go ahead to smoke even when issuing a warning,” another person commented.

“If the police have that discretion, according to law, then I see no problem with that. The court is already burdened with huge amount of cases and so they really don’t need those pettiness to further pile up on them,” was the comment of a taxi driver.

A prominent lawyer practicing in the Virgin Islands related to Virgin islands News Online that the police is allowed to exercise such a discretion as Mr Morris indicated but noted that it is usually accompanied by a warning not to repeat the offence.

Meanwhile, Acting Commissioner Morris said the RVIPF has been working to improve their relationship with the community to restore trust.

 “Part of my job, part of my manager’s job, the sergeants and inspectors, is to make sure that when we enforce the law that we do it without fear or favour…ensuring that we treat people with equality, not necessarily equally because people are all diverse...You recognize their nationally, different backgrounds, gender, sexual orientation etcetera but make sure that you don’t discriminate and you don’t treat people with unfairness.

39 Responses to “Police often let persons with small amounts of cannabis off- ACP Morris”

  • rasta azzi (25/02/2013, 08:57) Like (6) Dislike (0) Reply
    I agree with him because sometimes it doesn't worth the amount of paperwork and time wasted to persue those petty cases
  • one eye (25/02/2013, 09:08) Like (2) Dislike (4) Reply
    For goodness sake, this is what Morris mean by treating everyone equal but not equally???!! Surely at the minimum that meant setting a good example for our children, so some could get off scot free while others go to jail….the more this guy speaks the more I am convinced he needs to go!!!
    • parent (25/02/2013, 09:33) Like (1) Dislike (24) Reply
      they should not be given any leniency at all
    • open mind (25/02/2013, 10:54) Like (6) Dislike (0) Reply
      Please people. This is not only happening here, it is something that as it is said the use of discretion. Yes, the police can do that, it is done in business and it is done in the government and it can be done in law enforcement. GROW UP and stop being haters. You all hate the man and so anything that he says or does no matter what it is you all are always sooooo negative.
  • October man (25/02/2013, 09:10) Like (1) Dislike (5) Reply
    Mr. Morris will be of far greater service to our youth if you show them that they will be severe penalities for illgal drug use.

  • ...... (25/02/2013, 09:30) Like (6) Dislike (0) Reply
    You really want to take someone to court for possibly small numbers of weed? I'd rather the cops take my weed and give me some encouraging words of advice instead of booking me for something imple like that... I appreciate the police work with those itch clean records.



    I dont smoke though.
  • bat man (25/02/2013, 09:35) Like (2) Dislike (4) Reply
    Do the good people of the BVI really want this person to continue his post as Acting PC????
  • Real Talk (25/02/2013, 09:38) Like (9) Dislike (1) Reply
    this is the right approach mr. commish... i totally agree. if police lock up every tom dick and harry who decides to smoke marijuana in the privacy of their homes then we would end up spending unnecessary money to prosecute these petty crimes. kudos to the commish... sensible point of view.
    • under teh bus (25/02/2013, 11:53) Like (2) Dislike (4) Reply
      This is a very dangerous road down which to travel in the context of law applying to one and all.
  • smart people (25/02/2013, 11:56) Like (0) Dislike (5) Reply
    Here is my take on this and this is being open and honest.

    All law abiding residents of the BVI should move to distance themselves from Mr. Morris on this especially seeing that crime is on the rise and drug use is out of control.
  • Viper 1 (25/02/2013, 12:32) Like (0) Dislike (10) Reply
    I disageree with Morris on this. He must be aware of the consequences of criminal activity and convictions in the Virgin Islands.
  • rewrsdffds (25/02/2013, 12:42) Like (4) Dislike (0) Reply
    i wont gild the lily:
    the opposition to Morris comes from our lazy fat cat tolian officers who believe that they merit promotion based on their nationality.
    • mary j (25/02/2013, 16:16) Like (0) Dislike (3) Reply
      What a disgrace, and we wonder why we are in the position we are pertaining to crime
    • @ ok (26/02/2013, 07:39) Like (0) Dislike (1) Reply
      just another white racist living here i not a UK officer..get lost who works harder that lcoal police when the UK officer mek big bucks and always drunk
  • too hot (25/02/2013, 13:57) Like (6) Dislike (0) Reply
    if the police were to arrest all marijuana smokers including doctors, lawyers, polititians they would be no room in the jails for them on Tortola and the whole Caribbean.

    Talking of equality, its a double standard when alcohol , tobacco and prescription drugs are freely available and do MUCH more harm than marijuana.In its 10,000 year history no one has ever died of its use.
    • power (25/02/2013, 21:05) Like (0) Dislike (1) Reply
      Yes whatever it takes to try and repair the Acting Commissioner’s bad image…SHAMELESS!
  • TO SGT WILLIAMS AND INSP. FAHIE (25/02/2013, 14:44) Like (0) Dislike (5) Reply
    hold strong my BVI brothers;God is on your side!Start the day with this prayer,[the words of the prophets] because the uniforms look good on the outside,but some of those senior officers-SMT especially, who wear these uniforms,wear them as a symbol of authority to oppress junior officers:Until they stop this approach,the search for justice,freedom and liberties will continue:Many will be angry/VEX at those who challenge lawlessness,but the struggle must continue.YOU VEX? Stay VEX!The Constitution makes provision for us to choose our own religion.It is only in the caribbean/bvi,i see and hear people[BLOGGERS] blaspheme God and another's religion,and they get away with the blasphemy.During Easter-Lent,I read some blogs where bloggers desrespected catholics in the BVI,whom,during their Easter Celebration,publicly gave Holy Communion,at the Catholic Church,Eucharistic celebration.I cried shame on you bloggers for your blasphemous-bloggs!VINO is a democratic news site but I will advise VINO to be conscious of those bloggers who use your news site to Blaspheme one's religion:Section 21 of the V.I Constitution,provides for the "Protection of freedom of Conscience-meaning,protection of one's RELIGION".check ALJAZEERA World NEWS,to see how people protest violently in other countries,against persons and BLOGGERS who desrespect religion.check the news in BANGLADESH right now:Therefore,My catholic doctrines and teachings,guide me with the power of god to light a candle and pray for my enemies,and to repell the evil forces-like some bloggers "RICKII" and others,who use blog-names to hide with their evil thoughts,against private citizens,who are against oppression and vitimization in high places,like in the police force!One may ask"What is wrong with this blogger"?The answer is,as long as those dictators continue with their lawlessness in high places,I will blogg.None of mankind can stop me in the BVI from exercising my rights as a citizen,to blogg on a topic,and some of you believe I should not blog,because I was not born in the BVI?Chapter 1 ,and interpretation 2, of the V.I Constitution declares,that certain classes of persons are DEEMED to BELONG to the BVI;But the Constitution,did NOT say,that the BVI belongs to a BV-Islander or Belonger:The BVI belongs to Her Majesty-The Queen!Her Majesty gave me freedom in section 23 of Her V.I Constitution,to blogg in Her Country BVI,and I will blogg on opinions and interpretations;The rest of you blogg with hate towards others.I blog on the law and the true facts:I am a MAROON like JACKO [the-run-away-slave]who escaped from the plantation of the ruthless,plantation-owners,in the rvipf.Jacko stayed in the Jungle to help free other slaves: Look at The biblical law:A country's Constitution,is a principle and DERIVATIVE of the 10 Commandments of God:Mankind who disobey a Country's Constitution,is deemed to be UNGODLY-Ungod-like! So-Read PSALM 5 verses 1 to 13.The bible said "Let us begin the day by asking god to be our light and our strength,going also to the house of god,his temple where his light and his strength are within our reach.O lord,listen to my words and hear my complaint.Give heed to my sighs,my king and my god.From daybreak you hear my voice,from dawn I am in your presence watching for you.You are not a god who delights in WICKEDNESS;evil has no place in you.The arrogant cannot stand before you.You hate all who do evil.You destroy all who speak falsehood,who thirst for blood and live on lies;all of them the lord detests.But I by your love and grace,may come into your house.In reverence I bow down and worship at your holy temple.Lead me,O lord,through your path of righteousness;make your way straight before me,for my ENEMIES lie in wait.Not a word of their mouth can be trusted,for their heart is full of mischief.Their tongue flatters with deceit,but their throat is an open grave.O lord,make them pay for their guilt.Let their snares trap them.Cast them out for their many sins-for their offense and rebellion.But for those who take refuge in you,let them ever sing and rejoice.Let your deliverance shield them,that they may praise you in gladness-those who love your name,O Lord.You bless all who live in righteousness;your favor covers them as a shield".AMEN:Legal Team
  • cloud 9 (25/02/2013, 14:49) Like (2) Dislike (0) Reply
    simply Legalize IT!!!! NO BEATING AROUND THE BUSH!!!!1 NON SENSE LIKE THIS...!!
  • egg face (25/02/2013, 15:22) Like (0) Dislike (0) Reply

    everytime Morris speaks he put his foot his @$$

  • so so (25/02/2013, 15:51) Like (0) Dislike (0) Reply
    What a crying Shame, now you see why crime cannot end in this place
  • legal team (25/02/2013, 15:59) Like (0) Dislike (1) Reply
    THE LAW:Drugs(Prevention of misuse)Act,Chapter 178(Repealed and Replaced by No.1 of 1995,Laws of the V.I Section 7(1) Restrictions of controlled drugs.The V.I laws,made by our parliament states" Subject to any regulations made under section 9,it shall NOT BE lawful for a person to have a controlled drug[Marijuana/Cannabis] in his possession".Discretion? I read all the sections and sub-sections of the Drugs (Prevention of Misuse) Act,and there is no Statutory Provision,in the V.I law for the Police to use their Discretion,as it relates to drug offences!Hey,police officers are just human,an officer may "GIVE A MAN A BREAK"but that break is unlawful!The Constitution:Section 59(2) of the V.I Constitution states "The Director of Public Prosecutions[DPP] Shall have power,in any case in which he or she considers it desirable to do so-(a) to institutute and undertake criminal proceedings against any person before any civil court in respect of any offence against any law in force in the V.I and (b) to take over and continue any such criminal proceedings that have been instituted by any other person or authority,and (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself/Herself or any other person or authority".Before I comment further,I would like to reiterate my views and opinion,as it relates to COP David Morris.He is not a private citizen-He is a Public Servant,in Public Life;so I can blogg about his speech to the media!This COP,whenever he speaks,he never tells us about,"what the LAW directs and what the Constitution declares".He always keep the words [LAW and Constitution] out of his speeches,as if to imply,that he has no regard for these laws and their directions:He does things how he believes it should be done and not necessarily,how the law/Constitution said it MUST be done!Sir,The police administration have administrative discretionary powers,within the operations of the police force;but the Constitution advises me as a citizen,that only the DPP,has the power to prosecute or not to prosecute!This time around,my open criticism of you sir,is very constructive,on a point of LAW!So before you get appointed to COP,later this year;you will have to pass an exam on BVI laws and BVI Constitution:When you fail,I will call on the Governor,to appoint Attorney-At-Law,Belonger-Vere H.E Brown LLB,LLM,CPA,CLS,former detective/prosecutor;as COP of the BVI Police Force.
  • kool (25/02/2013, 17:20) Like (0) Dislike (0) Reply
    well your are corect, perfectly quote as it relates to the constitution, the police can use their discretion and give a man a break if he catch him wit a dime bag, but acording to law that would be unlawful and illegal, only the dpp has that power.
  • Mick Mars (25/02/2013, 20:52) Like (2) Dislike (1) Reply
    This makes sense but I'm not sure they going to uphold this way of thinking if them catch you with the last of your joint. While I all for freedom of choice for something that don't harm nobody but yourself potentially, I think if you out in public and you get caught with weed you should be fined HARSHLY for indecency.

    Outside of that, you catch a man with enough for him, caution him and send him on his way. I'd want to say preferably with what he was holding, but this is a two way street and this thing is still illegal.
  • snow white (25/02/2013, 21:01) Like (1) Dislike (0) Reply
    The Law is not a shackle, except for the ordinary police David does not like, and anyone that is not part of the NDP govt.

  • Jazzar (26/02/2013, 02:40) Like (1) Dislike (0) Reply
    watch " Breaking the Taboo" search for it on google or come here to Trellis Kitchen where we can show you it at 8pm almost every night,we do documentary 1 hour movies. at 8pm..,A movie by Sam Branson,yes you got it right Richard Branson's son is taking the world by storm,Morgan Freeman narrates it...All drugs will be legal soon,those that have a problem with drugs, dealing with them eg addiction will be given medical and psychiatric help.The rest, who want to buy them for personal use will have to pay currrent market price rates and be taxed by the government as well. Makes sense eh ? Just like Tobacco and alcohol.We are basically back to square one,the way it should be. Stop crying and get on with the programme,its the way it will work with all of us.

    If " logic" was a word I probably could not spell it..
  • vince (26/02/2013, 07:11) Like (1) Dislike (0) Reply
    I still still don't get it, why we don't understand about weed? This is a plant that God has made, why are we against such a natural thing and not against the tobacco that kills us even faster. the legalization of weed is discussion in almost every part of the world, even in the usvi. Do you know how much money this country can make if can have a place where u can go and have a spoke without police on ur back. The people who rule our country does it in their country why we can't do it here. wake up people.
  • bvi (26/02/2013, 07:44) Like (2) Dislike (1) Reply
    Did we not put this bunch of clowns (Morris and McCleary) to deal with the crime situation based on what the NDP promised us?

    Now they letting off the criminals because it’s a small amount?
  • spend (26/02/2013, 11:35) Like (0) Dislike (0) Reply
    we need to support the police
  • unknown (27/02/2013, 10:37) Like (0) Dislike (0) Reply
    why crack is never an issue or coke?
  • shame.... (27/02/2013, 15:32) Like (0) Dislike (0) Reply
    Because that's how the higher ups around here make their money c'mon son!


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