UPDATE: ACoP Morris denies instructing Police Commission to interdict officer
The incident had reportedly occurred at the Virgin Gorda Police Station in 2007.
Virgin Islands News Online reported on April 10, 2013 that according to a source, the acting Commissioner of Police was instrumental in Police Constable Royden Cato being interdicted when he ordered the case re-opened and instructed the Police Service Commission to lay charges against the officer.
Mr Morris called this news site yesterday clearing his name stating, “I did not instruct her (Mrs Josephine Callwood, Chairman of the Po.S.C). He was already interdicted before I arrived on contract.”
It is important t note, however, that this news site did not state that Mr Morris interdicted the officer but that he allegedly ordered that the case be reopened, according to a source.
Mr Morris said that it was a matter for the Police Service Commission to deal with disciplinary matters. “It was not a matter for the commissioner at that time to deal with disciplinary matters, disciplinary matters are referred to the Police Service Commission under the constitution,” insisted Mr Morris and further stated that contrary to what was previously reported it was not the Mr Cato’s attorney who had requested a tribunal.
“The Police Service Commission after seeking advice from the attorney general, issued a tribunal.” he said.
This news site was informed that the chairman of the Police Service Commission had charged Cato for 5 counts of Criminal Conduct; accusing him of the offences of being convicted in the Magistrate's court for Criminal Offences.
A concerned source was contending that the "Chairman has no authority in law to charge police officers. The DCP could have charged him."
The source had also indicated that the first hearing was done on November 12, 2010 at the Central Administrative Complex. "The Po.S.C compiled its own judicial system, contrary to legal court procedures and they called it a disciplinary Tribunal Constituted and appointed by the Po.S.C with a senior police officer as prosecutor leading the case in the presence and hearing of the Po.S.C as adjudicator," the source revealed.
See previous article posted on April 10, 2013
Police Constable placed on half pay for last 5 yrs, 3 months
It's a case that can be referred to as "an elephant in a peanut shell" one that is reportedly being swept under the rug but can produce a foul aroma when cracked open.
Here in the Virgin Islands cases of murder and other heinous crimes sometimes take less than five years to be brought to justice. One would never think that a simple case of a Police Constable being involved in a minor confrontation would see him being off the job for five years three months and still waiting on the matter to complete trial while on half salary.
This is the real life story, which started on December 27, 2007 involving Police Constable Royden Cato. Cato and an Inspector of Police were allegedly involved in a minor confrontation at the Virgin Gorda Police Station and as a result Cato was charged criminally before the court for five offences; resisting arrest, assault on police, damage to government property, disorderly conduct in police station and threatening language.
Based on the facts that were presented to Virgin Islands News Online, the Police Constable was interdicted on half-pay. However, on November 13, 2008, he pleaded guilty to the charges and was convicted and sentenced to pay a fine of $450.00 plus a compensation of $40.00.
On October 20, 2010, Mrs Josephine Callwood, Chairman of the Po.S.C, preferred disciplinary charges against the PC charging him under section (6) (p) of the Police Regulations, Chapter 165-laws of the Virgin Islands.
This news site was informed that the chairman of the Police Service Commission charged Cato for 5 counts of Criminal Conduct; accusing him of the offences of being convicted in the Magistrate's court for Criminal Offences.
The concerned source is contending that the "Chairman has no authority in law to charge police officers. The DCP could have charged him."
The first hearing was done on November 12, 2010 at the Central Administrative Complex. "The Po.S.C compiled its own judicial system, contrary to legal court procedures and they called it a disciplinary Tribunal Constituted and appointed by the Po.S.C with a senior police officer as prosecutor leading the case in the presence and hearing of the Po.S.C as adjudicator," the source revealed.
At the first hearing, the PC requested legal counsel and the case was adjourned. Legal counsel filed a motion in the High Court to stop the proceedings sighting that the Po.S.C had no jurisdiction in Statutory-Law of the Police Act or under the Constitution to prefer disciplinary charges against a PC of the RVIPF, and to further hear the evidence of the case.
"The Po.S.C cannot be investigator, jury and judge. The case went dead, the officer is not reinstated. He is still on interdiction, receiving half pay," said the informed source.
Contacted yesterday April 9, 2013 with the intention of discussing this issue, the Acting Commissioner of Police David Morris, without listening to the reasons for our call, directed this news site's reporter to the RVIPF's Public Relations Officer Ms Diane Drayton, which was another dead end in having a civil discussion or explanation on the matter.
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76 Responses to “UPDATE: ACoP Morris denies instructing Police Commission to interdict officer”
"lets remind him"
If and when this officer gets reinstated (because he will be reinstated the matter is just too thrivalus) the government is looking at over $75,000 in back pay and increments and over 100 vacation days. A different approach needs to be taken, swift disciplinary action for offenses and how about adopting a "desk job" approach in certain less serious matters instead of a send home approach this way we can still get some production without the frontline exposure so to speak.
M.... is just racist. What about the officers he wrote to the magistrate to withdraw their charges after they were charged with tint on their vehicles windows. Mr. Smith plz, plz look into the police force Mr. M... is doing alot of unjust to the good officers.
I agree that Morris was not here but what has he done since he took over? Has he sought to expedite this matter?
He has to be balemed because he is now the top COP. Morris must go. How long must this officer continue on 1/2 pay. If he is guilty fire him but he has a right to be given a speedy trial.
I believe that the Governor has asked Morris not to be too noticeable now as the COP poisition is impending. This Governor is the worst we have had. Both Morris and Governor MUST GO NOW.
if you read the article you will see morris's role
we just love to point fingers; this man is a police officer and should conduct himself like one; the old fool pleaded guilty as charged-what the fuss about ????? the man is a criminal any other citzen would have been sent to to jail; we do not need persons like him in law enforcement especially the police force; he would have arrested my balck @$$ for the same offences; he should be up the ghut....run quick and talk that !!!!!!
There is NO legislation made by parliament pursuant to section 78 and 79 of the V.I Constitution for those Commissions to be setting up and "Constituting and Appointing"Disciplinary Tribunals,in the BVI Government system. It is the Police Force to deal with Disciplinary Tribunals under section 37 of the Police ACT! Section 97 of the V.I Constitution DIRECTS the Po.S.C,that the only duty they have is to "ADVISE" the Governor! COP MORRIS;the Po.S.C has no Constitutional Authority sir,to Discipline Police Officers:So if Mrs Josephine Callwood charged Cato for a discipline offence, she is Constitutionally WRONG to do that.She has NO disciplinary Powers in the Police Force!You have the Disciplinary Power sir-YOU!The Power of the Po.S.C is to ADVISE the Governor.Ah you lawlessness Ketching-up with ah you:The SPIRITUAL power will expose the EVIL forces! COP MORRIS;you are misleading the Public!Discipline falls under part IV-Sections 33 to 43 of the Police Act-Chapter 165-laws of the V.I. Discipline DOES NOT fall under section 97 of the Constitution-in the hands of Mrs Josephine Callwood!.You and Mrs Callwood-Go and read the BVI Laws and the V.I Constitution ,and report back to me.
it was morris who asked that it go before the police service comm and that is a fact
Why is one man causing so much tension in the RVIPF…but because the governor is his pal the beat goes on