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Ruling in Magistrate' judicial review application for next week

Magistrate Bunbury was interdicted on May 4, 2011 for insubordination and misconduct.
Magistrate Rosan-Bunbury is being represented by a team of legal advisors and advocates led by highly respected Caribbean constitutional lawyer and lecturer Dr. Francis Alexis QC.
Magistrate Rosan-Bunbury is being represented by a team of legal advisors and advocates led by highly respected Caribbean constitutional lawyer and lecturer Dr. Francis Alexis QC.
ROAD TOWN, Tortola, VI – Justice Wesley James will hand down his decision on whether or not a judicial review will be conducted in the case involving interdicted Magistrate Charmaine Rosan-Bunbury sometime next week.

An application for leave of judicial review was heard this morning, Thursday December 1, 2011 in the High Court.

Magistrate Bunbury was interdicted on May 4, 2011 for insubordination and misconduct. She was interdicted from duty by the Governor on the advice of the Judicial and Legal Service Commission (JLSC) for allegedly being insubordinate to Senior Magistrate Valerie Stephens, Deputy Governor Inez Archibald and Permanent Secretary (PS) in the Deputy Governor’s Office David Archer. She is also accused of misconduct.

However, on September 15, 2011, she broke her silence and told members of the media the reasons for her interdiction are baseless.

She alleged that from the onset of her appointment in 2008, the Senior Magistrate has been abusing her office by undermining her ability to function as Magistrate of the Territory hence creating a hostile working environment for her.

The circumstances surrounding her interdiction stemmed from her heading the Magistrate’s Court from April 21 through 29, 2011 when Magistrate Stephens was overseas because according to Magistrate Rosan-Bunbury, Senior Magistrate Stephens allegedly had wanted the now additional Magistrate Tamia Richards to preside.

But since that was not the case, Magistrate Rosan-Bunbury alleged that she was subjected to insubordinate staff and Ms. Richards informing court orderlies not to open the court for her sittings.

“I have been accused of misconduct for righty rebuking the subordinate staff member of the court. I have also been accused of dereliction of duty from April 21 through April 29, 2011. This is nonsensical since I have been interdicted for heading the Magistracy during this period,” Mrs. Rosan-Bunbury had told journalists.

Furthermore, the Appeal Court on September 27, 2011, overturned Justice Rita Olivetti’s decision and granted a stay to all disciplinary proceedings by the Judicial Service Commission against the Magistrate until the judicial review is completed.

The injunction was filed on behalf of Magistrate Bunbury because it was felt that such action should have been taken before the interdiction order was served, a press release from her legal team stated.

The release further stated that Justice Olivetti had earlier denied the request on the grounds that there were no serious issues to be tried and that the matter brought before the court by the Magistrate was premature.

To this end, the Appeal Court has also removed Justice Olivetti from the case, which would re-assign to a new judge for future hearings.

She is represented by attorneys Dr. Francis Alexis QC, Anandy Trotman-Joseph and Sheryl Rosan of Rosan Law Firm.

5 Responses to “Ruling in Magistrate' judicial review application for next week ”

  • so they said (01/12/2011, 16:33) Like (0) Dislike (0) Reply
    she will win and the JR will be passed watch
  • civil servant (01/12/2011, 21:14) Like (0) Dislike (0) Reply
    my condolices on the passing of your mom to the rosan family
  • Confucius (02/12/2011, 02:27) Like (1) Dislike (0) Reply
    Ms. Rosan Bunbury should NOT win this case! This is and has always been a clear case of stubbornness and insubordination on her part. As is her way, she has managed to (once again) make a mountain out of a molehill. This women needs to learn that she is not ALWAYS number one. There were other avenues available to air her grievances. Taking this frivolous case to court only underlines her utter lack of respect for our system, the people of the BVI and the territory's financial situation. Should Ms. Rosan-Bunbury's imported lawyer manage to win this case, I for one will be SERIOUSLY ticked off! However, I really don't think she has a leg to stand on. The only joy we (the people) can take away from this Poppy show is that Ms. Rosan-Bunbury will have to pay Mr. Alexis for his time and effort. Hopefully, he is well compensated and his payment (in failure) will serve to drive home a lesson in humility. The arrogance needs to end now.
    • Yes (02/12/2011, 11:53) Like (0) Dislike (0) Reply
      Well said, I still don't understand why this is in court. IF your superior makes a decision as to who is the perform duties in their absence, you cannot take it upon yourself to decide differently. If we allow this sort of nonsense we might as well throw out the judiciary all together and let anarchy prevail. I too hope that her legal team is well paid to discourage this type of frivolous legal action and she should also be required to pay whatever cost is incurred by the govt in fighting this nonsense. This former magistrate has no respect for the very law and order she was to uphold. She needs to be taught that in order to be good leaders we must first be good followers.
  • hollowee (02/12/2011, 06:29) Like (0) Dislike (0) Reply
    the dg and bow tie man need to go...ppl dey will cost we in tis lil place lots of $$$$$$ wid dem vindictiveness...shoot man


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