UPDATE: Former Magistrate Rosan-Bunbury loses appeal for judicial review
The decision was given orally in the Court of Appeal of the Eastern Caribbean Supreme Court by Justice Ola Mae Edwards. Justices Davidson Baptiste and Olga Mae Edwards were also on the bench during the hearing.
On September 18, 2013 in the Appeals Court, Mrs Rosan-Bunbury had presented her arguments as to why she should be granted a judicial review. High Court Judge Mr Wesley James had denied her application for same resulting in her moving to the Court of Appeal.
Rosan-Bunbury is now likely to take her matter to the Privy Council, which is the final available option.
See previous article posted September 19, 2013
Rosan-Bunbury’s appeal matter adjourned to Sept. 20
ROAD TOWN, Tortola, VI –Interdicted Magistrate Charmaine Rosan-Bunbury and the Judicial and Legal Services Commission have to wait another day for the decision in their matter before the Court of Appeal of the Eastern Caribbean Supreme Court.
Justice Davidson Baptiste had told the Appeals Court yesterday September 18, 2013 that he was going to give an oral decision today, however, when the parties turned up at the High Court building this morning they were told by a staff of the court that the hearing was adjourned to 9:00 A.M on September 20, 2013.
Mrs Rosan-Bunbury is before the Court of Appeal seeking to overturn High Court Judge Mr Wesley James' decision. Judge James had refused leave to apply for judicial review. Mrs Bunbury argument was that the constitution does not permit the suspension or interdiction of a Magistrate.
See previous article posted September 19, 2013
Interdicted Magistrate Rosan-Bunbury to hear decision today Sept. 19
The Court of Appeal of the Eastern Caribbean Supreme Court is to give its decision today, September 19, 2013 in the matter involving interdicted Magistrate Charmaine Rosan-Bunbury and the Judicial and Legal Services Commission.
Mrs Rosan-Bunbury is before the Court of Appeal seeking leave to apply for a judicial review of a decision upheld by the High Court on alleged insubordination and the purported decision of the then senior Magistrate Valerie Stephens to appoint an additional Magistrate to act as Senior Magistrate.
The Appeal is against the Judicial and Legal Services, the governor, the Attorney General, among others.
Mrs Rosan-Bunbury’s case was one of the first to kick start the sitting of the Court of Appeal in the Virgin Islands on September 18, 2013. Presiding over the matter are Justices of Appeal Louise Blenman, Mr Davidson Baptiste and Ms Ola Mae Edwards.
The hearing took hours yesterday morning as the Justices of Appeal sought clarifications on a number of aspects that were enshrined in Rosan-Bunbury’s grounds of appeal.
Following the completion of her’s and that of the Respondent represented by Attorney General Christopher Malcolm and supported by Miglisa Cupid, Maya Barry and Isis Potter, Justice of Appeal Mr Davidson Baptiste informed the court that the decision will be given orally on September 19, 2013.
AG Malcolm had presented to the Court of Appeal that based on the facts of the case there was nothing wrong with the process that was carried out and that the ruling handed down by High Court Judge Wesley James on May 4, 2011 for insubordination and misconduct should be upheld.
Among the arguments put forward by AG Malcolm was that for the period under contention prior to the High Court Judge Wesley’s ruling, Mrs Rosan-Bunbury was paid her salary in full and that she was never stripped from her position as Magistrate.
Mrs Rosan-Bunbury, who represented herself through the law firm Rosan Law, sought to establish that the High Court had indeed erred in its judgment against her.
Charmaine Rosan-Bunbury was interdicted from duty by UK-appointed Governor William B. McCleary on the advice of the Judicial and Legal Service Commission (JLSC) for allegedly being insubordinate to the then Senior Magistrate Valerie Stephens, Deputy Governor V. Inez Archibald and Permanent Secretary (PS) in the Deputy Governor’s Office David D. Archer.
Rosan-Bunbury was also accused of misconduct.
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 Rosan-Bunbury, Senior Magistrate Stephens allegedly had wanted the now sitting Senior Magistrate Tamia Richards to preside.
35 Responses to “UPDATE: Former Magistrate Rosan-Bunbury loses appeal for judicial review”
If you are Anti-BVI pack up, leave and return to your country of origin. Attempt to make a life there. If things were so great there why did you leave and bring your racism and hatred to our shores? Oh I forgot, you will never make the money that you make here there. You will never have the ability to own the assets that you have here there. You are subject to taxes in every possible way there.
This woman should have just apologized for her alleged actions; she could have still had her job.
We often think we have to be big, bad and bully to our own detriment. Her "toughness" in this case continues to make her look like a fool. All those judges cannot be wrong, becaused on the evidence Mrs. Bunbury, you are clearly wrong. Do not embarrass yourself any further by going to the privy council. Quit while you are ahead.
I dont know why all these fools on her talking bout stand up for citizens and who born here and who local...far as i know Ms. Richards born and bred in Long Look and Ms. Stephens gone bout she happy business long time...the only one prolonging is Bunbury. What she hoping to gain i have no idea but is one thing is sure if she take her mess up to privy council she will surely get what she looking for...this is not a difficult case...she was not right for the position and they gave it to someone else, she chose to act like the world is hers and she found out that it is not!