UPDATE: Gov. McCleary places threat into action against PS Willock
This story was first broken by this news site about a week ago in which the Governor left no stones unturned to violate the constitution in a deliberate effort to get Mr. Willock out of the civil service.
He has now used his power, which has now resulted in the separation of Mr. Willock from the public service.
It is unclear when this action occurred as Mr. Willock told this news site that he had no comments at this time and referred all questions to Attorney Gerard Farara QC, of Farara & Kerins.
Blatant abuse of power and violation of constitution
In an unusual twist to the 2-year ordeal in which esteemed Permanent Secretary in the Ministry of Communications and Works Julian Willock was sent on leave in 2010 following a tabloid article that accused him of having two persons working for one of his group of companies without a work permit, the United Kingdom appointed Governor Boyd McCleary had stepped in by directing what should be done and when and how, which many have said is unconstitutional involvement in the matter.
In what many legal observers and other social commentators described as grounds for the recall of Mr. McCleary, he allegedly took a direct envelopment in Mr. Willock’s matter in directing via letters and meetings with the Public Service Commission and Human Resources Officials what and how things should be done in the matter of Mr. Willock, with one alleged aim by Governor McCleary- to force Mr. Willock out of the service according to three high level sources close to the situation.
Under the Constitution, Sections 91 (9), the Public Service Commission is an independent body and should not be taking instructions from the Governor outside of his role and what the constitution allows. It clearly states in 91 (9) “Subject to this Constitution, in the exercise of its functions the Public Service Commission shall not be subject to the direction or control of any other person or authority.”
Background to Mr. Willock issues leading to Governor’s blatant violation of laws
In 2010 a local tabloid, the BVI Beacon, wrote an article in which it accused the Permanent Secretary of having persons work for his company Advance Marketing and Professional Services without a work permit. In a letter from the Labour Department dated July 13, 2012 even before the article was published and written by a Caucasian American Mason Marcus, the Labour Department refuted the false, malicious and some say racist allegations against the esteemed Willock and said Mr. Willock, through his company, had all his work permits in order and “are not in contravention with the Labour laws and Labour administration.”
Having no basis now to pursue their politically motivated attack against the highly respected Willock, the former Governor David Peary still sent Mr. Willock on compulsory leave with the only basis being the tabloid article written by Marcus, who was in contact with Mr. Peary according to information received by this news site. Mr. Marcus has since fled the Virgin Islands.
Even before Mr. Willock was sent on compulsory leave his correspondence written to the Deputy Governor Inez Archibald showed evidence that the Tabloid’s allegations were baseless but, interestedly and according to some Members of the Public Service Commission (PSC) his letter was never brought to the attention of the PSC to help inform their decision. “A PSC paper was brought to us late in the afternoon telling us it’s an urgent matter, so we just rubber stamped it as they had done made up their minds to send him on leave”, one member recalls.
The PSC and the Governor then set up a committee to investigate the tabloid BVI Beacon’s allegations against the Permanent Secretary, who is regarded as one of the most effective public officers in the service.
What was even more shocking was that the committee investigating Willock submitted a report to the Governor and the PSC and never even interviewed Mr. Willock. One senior civil servant told this news site; “it was clear they were out to get Mr. Willock who we all missed from the service…it must be a joke that they investigated him without hearing his side….it was clear what were the motives.”
The committee labeled by the High Court ruling as “illegal”, where made up of Chairman Tamia Richards, a private citizen and Attorney at Law at the time; Carolyn Stoutt-Igwe, a public officer; and Mr. Michael Anthony, another private citizen.
Mr. Willock then went to court to seek redress for his human and civil rights and the blatant and reckless disregard for natural justice, a situation most in the legal and progressive class had already ruled illegal and violated the basic tender of the Virgin Islands Constitutional Order.
Willock took Government to court and won
It was no surprise to the VI populace when Mr. Willock, represented by Farara & Kerins, took the government to court and won on all major points- a decision that was expected by most legal experts that looked at the case.
A year later after his leave, High Court Judge Rita Joseph-Olivetti, in her May 24, 2011 ruling, said that Mr. Willock was aggrieved by the Governor’s decision to send him on leave and for setting up an investigative committee.
The court, in its ruling in Mr. Willock’s favour, stated that the PSC could not use the report because it was not valid and tossed it out. The court also said that all of Willock’s rights were violated because of the illegal act by the Governor acting on the advice of the PSC.
The judgement states; “First, the very composition of the Committee being composed as it was of two persons who were not public officers would have rendered it ultra virus to the Regulations.” The decision also said that “the committee was also illegal, as the mandate given to it by its terms of reference divested the PSC of any residual power”.
The court also made clear that, if Mr. Willock, who many had already concluded did nothing wrong and his case was nothing more than a witch hunt against the seasoned civil servant known for getting things done, “can establish that the PSC relied on the report resulting in an unfair hearing, then he will have recourse in the courts for a remedy.”
Justice Rita Joseph-Olivetti said the Governor had no power to appoint the Committee and its proceeds and its report were invalid. The Judge also ruled that the government must pay the court cost incurred by Mr. Willock. The Crown has since appealed the case against Mr. Willock.
The Judge held the view that while the Governor in certain circumstances can appoint an investigation panel, Willock's case did not warrant such action from the Governor.
In her conclusion, the learned judge wrote, “I am conscious that we are concerned with the protection afforded to public officers by the Constitution.”
Governor’s illegal act: Lays own charges against Willock then decides on punishment!
After the Governor and the bias forces against Mr. Willock with their own malicious agenda failed in the courts and had no way to turn, the Governor himself (Mr. McCleary) laid his own charges against the esteemed Willock.
The Human Resources Department had, since the tabloid article, revoked the permission of Mr. Willock to be a part of the online news portion of his company. In other words, he could not have anything to do with Virgin Islands News Online.
This is after Mr. Willock went through the proper procedure, as he has always done in getting all legal permission; Trade License, permission from his immediate supervisor, Human Resources and all necessary clearance from everyone. The then Acting PS in the Ministry of Communications and Works and then Director of Human Resources had both endorsed his application and said they saw no conflict with Mr. Willock’s application, according to information obtained by this news site.
With the decision taken to revoke his permission after he and his business partner invested some ten thousand dollars ($10,000) in the new business, Mr. Willock hired a manager Mr. John E. Leonard, who operates mostly from overseas, to manage the day to day operations of the news site. Mr. Leonard, a Canadian but with belonger status, wrote a letter a year later to Governor McCleary on the attempted censorship of Virgin Islands News Online by the now Acting Commissioner of Police David Morris- a close ally and friend of the governor.
Mr. Morris was upset over an article published by Virgin Islands News Online that questioned his power while then Deputy Commissioner of Police and the role of the UK police officers.
Mr. Leonard at the same time had to rush overseas to see his ill mother, according to sources close to this matter, and had written, but not signed a letter to Mr. McCleary on the matter. He then called and asked Mr. Willock, who had not had any involvement in the online news for well over a year because his permission was revoked and still being a public officer, to print and sign the letter for him as he was unsure when he would have returned to the VI.
Mr. Willock, in error, had signed the letter and it went to Mr. McCleary. Desperate for a smoking gun after finding nothing on Willock, the governor immediately rushed the letter over to the Human Resources Department, playing ‘I got him now’, and asked that they bring charges against Willock for involvement in the news site.
Mr. Leonard, a few days after, had written the Governor to say Willock had signed the letter in error, confirming that Mr. Willock had long left the company once he was hired and made clear in two letters the circumstances under which he had signed the same letter on his behalf and requested that the letter be revoked under Willock’s signature.
Mr. Leonard then reprinted the letter and signed which was dispatched to Mr. McCleary.
The Governor acknowledged and responded to Mr. Leonard's letter according to information obtained by this news site.
Happy now that he, “got Mr. Willock”, the governor himself advanced charges to the PSC accusing Willock of continued involvement and misrepresenting the truth to him based on the error of signing the same letter.
This has been seen as a blatant and illegal violation whereby the Governor is not placed in a position by the Constitution where he can be the charger and also the person deciding on the punishment of Mr. Willock. In other words, he had become “judge, jury and executioner.”
Public’s Reaction
Two local Attorneys, who are QCs, told this news site that the governor’s action was “a blatant injustice and abuse of power” and said they hoped Mr. Willock does not leave the matter there.
On June 12, 2012 Mr. Willock appeared before the PSC on the Governor’s allegations. The only evidence presented was the letter signed by the Permanent Secretary. The PSC ruled unanimously that Mr. Willock must be reinstated to his post as Permanent Secretary, rejected Mr. McCleary’s charges and stated that Mr. Willock must apologize to the governor for the letter. Mr. Willock had already done this even before the PSC recommendations.
The Governor with his own agenda that some have described as discrimination and determination to see Willock out of the service for no reason, rejected the PSC‘s decision and in a two-page letter brought to this news sites’ attention from many sources dated July 3, 2012 and in the same letter had asked the PSC to reconsider their decision, which he had a right to do once under the constitution.
The letter also demonstrated his bias against Mr. Willock and displeasure with the PSC’s decision just because Governor McCleary did not get his way. He even accused the PSC of being “inconsistent.”
It was clear from a meeting with the Chairwoman of the PSC at his office that the PSC would have stood their grounds on their rejection of the Governor’s one sided charges.
Earlier this year, the Governor wrote the Human Resources (HR) a letter intended for the PSC dated January 24, 2012 requesting that they follow through on the Tabloid’s discredited allegations, in a determined manner to get Mr. Willock, however it violated sec 91 (9) of the constitution. This was even after the court’s decision, according to another source close to the issue.
Information also reaching this news site is that the Governor had held several meetings with the Chairwomen of the PSC (both former and current), the Attorney General and others and has given direction and instructions on what he was trying to achieve in getting Mr. Willock out of the public service. This shows unprecedented bias, control and influence of the PSC.
When the PSC did not go along with the Governor, although Mr. Willock never denied signing the letter in error before the PSC, he used that so say that the Permanent Secretary had admitted to the charges- another bogus manipulation of the facts.
In a letter dated September 7, 2012 drafted by the Attorney General in consultation with the Governor, according to a Chamber source and signed by the Acting Director of HR, Mr. Willock was advised that the governor wished to terminate him using section 92 (1) of the VI Constitution, which means that Mr. Willock continued employment will be “prejudicial to Her Majesty’s Service.”
Three members, who were a part of the VI delegation on the constitutional negotiations, including one resource person, told this news site that this is not how this section of the Constitution was intended to be used. That provision, they argued, is reserved only for when someone has been convicted of high crimes such as terrorism, espionage, coup d’état, treason and the like…”no one with credibility can come close to saying or even suggesting that Mr. Willock had committed any of these crimes by signing a letter in error.”
One of the three persons told this news site that the governor’s use of that section is “troubling” and ''unsettling” and must raise a red flag for all citizens and even the government of the United Kingdom.
Once the matter was referred back to the PSC by the Governor, which was in his July 3, 2012 letter, under the Constitution Mr. McCleary is obligated to await the reconsideration and recommendation of the Commission, which according to the same two QCs is a clear matter of law.
This means the Governor has violated the constitution and the rule of law in order to carry out his agenda to get Mr. Willock out. One legal expert from the University of the West Indies school of law labeled his actions as “unconstitutional, illegal and null and void”.
One retired PS told this news site that when she learned about this situation said, she was not surprised….”I had my battle with that same crew, others who are still in the service got away with murder… one changed the budget after it was passed by the House and it was swept under the rug, another hired an officer even after the PSC directed that he not do so, but that too was swept under the rug, but here you go wanting to dismiss another one because he erred in signing a letter…How in the world can this be fair? How in the world other public officers would believe they will get justice and fair play under such a brunch?” she said with much disappointment. “The Governor should be the one setting the example in the country about upholding the constitution, not breaking the laws to get his way.”
Ms. Williams from Valley, Virgin Gorda who said we should not use her first name for fair of victimization said she has followed this case and asked how can the VI allow “a man from England to come here and put a local out of bread over nonsense? This is just not right.”
Even the PSC did not agree with the Governor over his intended actions as they believed termination of Mr. Willock was never a consideration, according to two members. “It was simply a foolish and unwise action, that is why we made the recommendation for reinstatement of Mr. Willock to his PS post”, they told this news site in confidence.
A local Attorney and former legislator when told about the Governor’s action asked, “You are not serious? Hope Julian has a lawyer?...His Excellency’s actions purportedly under section 92 (1) of the Constitution represents an inappropriate and unconstitutional use of these powers. I do not believe that this action taken falls under the residual power granted to the Governor or do I believe it was the kind of matter to which that power was intended to relate.”
Another person who spoke on condition of anonymity has claimed that race could be a factor as Mr. Willock had to face two white governors, two white reporters at the Tabloid BVI Beacon and two white former workers, who claimed they did not have work permits. “ It was six of them against one, you do the math,” it was a no win situation for Willock as the governor had already showed his hands. However, this news site has no direct evidence to comment further on this claim of racism.
Willock breaks silence
Mr. Willock, who for some two years has never said anything publicly or privately about his matter, had told this news site in his first exclusive interview that the matter is in the hands of his lawyers. “I had to smile when I started receiving a ton of phone calls all week when civil servants heard about the governor’s action and his reason for wanting to terminate me”. He said, the reasoning was that “I was untruthful to him…I can say the same thing about him, because the first time I met him some one month after he arrived here he told me to my face when we discussed my matter briefly, that he will abide by both the court and the PSC’s decisions…it’s clear he has not done so, now His Excellency’s own credibility is now in question.”
The court had ruled in Mr. Willock favour and said the compulsory leave and committee set up to investigate the Tabloid article was illegal and violated Mr. Willock rights. The PSC had ruled in June 2012 in a transcript to the Governor that Mr. Willock should be reinstated by a unanimous vote meaning all five members supported the decision. But still the Governor reneged on his words to Mr. Willock and what he said publicly to local radio station ZBVI when he came to the VI according to information obtained.
Mr. Willock further said there was need for a Governor “we can trust, one whose integrity is beyond reproach” and his actions speak volumes, to the future of Law and Order and Good Governance in the BVI, as “Governors must have the capacity and preparedness to always tell the truth which I consider the foundation of integrity”, he said with a heavy heart.
“The Governor is the head of the civil service and must always set the example and tone for the public sector and conduct himself in a manner not contrary to what is expected from other public officers”, Mr. Willock told this news site.
It is this news sites’ understanding that Mr. Willock had also filed a complaint to the Complaints Commissioner against the Governor when he consistently received many telephone calls from senior civil servants and others about the governor’s behavior on his matter and bias interference even on the allegedly meeting with the former Director of Public Prosecution on Willock’s matter.
Mr. Willock had confirmed to this news site that he met with many persons, on the Governor’s unprofessional behavior, which included elected officials from both sides, The Complaints Commissioner, former and current Permanent Secretaries, and had a chat with an officer in the Foreign and Commonwealth Office.
He said, “You see the governor is concerned about leaks in the public service however, until the public servants feel they are getting fairness on how they are treated there will continue to be leaks as many have said to me, if he can do you that Willock what will they do to me?”
The Complaints Commissioner Elton Georges himself a former Deputy Governor, who had acted as Governor on numerous occasions, advised Mr. Willock in a letter obtained by this news site, dated September 12, 2012 that, “Your best recourse would appear to be to appeal to the Secretary of State (or in practice the Minister for the Overseas Territories) who is the proper authority to deal with gubernatorial misbehavior.”
Mr. Willock, who has been in the civil servant for over 14 years, was never ever been the subject of any disciplinary proceedings until the tabloid BVI Beacon’s article and has a clean record before then.
Mr. Willock’s background
Mr. Willock, an indigenous Virgin Islander who grew up in Sea Cows Bay on the main island of Tortola, had lived, worked and studied in New York, USA where he spent 10 years before moving back home. His last job in NYC was on Wall Street. While an undergraduate student, Mr. Willock also did an internship in Washington DC with then Senate Republican Minority Leader Robert Dole.
On his return home in 1997 he was appointed as Assistant Secretary in the Ministry of Natural Resources and Labour. From that post he was promoted and appointed as the Director of Water and Sewerage Department where he was credited with turning around that Department and tripling revenue in just three years. Mr. Willock was then promoted yet again this time to Permanent Secretary in the Ministry of Communications and Works.
The esteemed PS holds Bachelor and Master’s Degrees in Political Science and Economics, and a certificate in Public Administration. He also has one year Graduate Law School, along with both private and public sector work experience.
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101 Responses to “UPDATE: Gov. McCleary places threat into action against PS Willock”
"Sections 91 (9), the Public Service Commission is an independent body and should not be taking instructions from the Governor outside of his role and what the constitution allows. It clearly states in 91 (9) “Subject to this Constitution, in the exercise of its functions the Public Service Commission shall not be subject to the direction or control of any other person or authority.” --HOWEVER, he goes ahead writing letters of ways to force Willock out of the Public Service>? Really Governor?Is Mr. Willock such a threat to u? but then again, the Governor will receive his wish, as the members of the board will bow down to him, and kick on of their own in the behind, just to please McCleary. ONLY IN THE VI.
It is now so sad to see where the bvi is heading where wrong is right and right is wrong mother England please come for your lil islands before this governor tek have of us.
Mr. Willock I admire your courage and strong will not to let anyone take advantage of you in this country…others need to take a page out of your book and stop sitting down and taking s***!
You have always put your beloved country first and have served your country well over the many, many years as a public officer.
Continue to do your best and help push the country forward with the help of the almighty god…the fact is they cannot keep a good man down, you should consider running in the next elections. …easy win!!!!
I also want to thank VINO for bringing about those "bread and butter" issues that affects us greatly and are rarely if ever seen on the Platinum or any other news medium in this country for that matter.
What has happened to you Mr. Willock is unfortunate but I am confident that a solution to your likings would be found rather sooner than later.
May God continue to bless you Mr. Willock and your continued success with VINO!!!
what a joke what they did to Julian
this some bull $h1t wht they did to this son of the soil
Well Well, it took them 2 years to fire Willock and that's all they can come with?! Strupes. Willock, you are right to stick with V....because you have to do too much kiss a$$in to keep those government jobs. Best wishes .........
I don't see a single post here on the side of the Governor or the PSC. I wonder why?
Somethings make you go HMMMMMMM!