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UPDATE - Private citizens did not file petition

- Virgin Islands Party will not challenge [Legal argument included]
Minister for Education and Culture Hon. Walwyn (left) and Hon. Christian. Photo: VINO
ROAD TOWN, Tortola, VI - Virgin Islands News Online can confirm that no legal petition was filed by private citizens against the eligibility of newly elected National Democratic Party (NDP) Territorial At-Large members Myron V. Walwyn and Archibald Christian from being members of the second House of Assembly (HOA) of the Virgin Islands.

This news agency had reported earlier today that the Virgin Islands Party Government would not file a petition but that private citizens may. There was last minute discussions among small groups and individuals to possibly file the petition.

However, Virgin Islands News Online has received confirmation that no petition was filed which would have had to be done by 3 p.m. this afternoon, December 7, 2011.

After months of research and on the eve of the first session of the second House of Assembly of the Virgin Islands, many in the legal feternity continue to insist that their interpretation of the 2007 Virgin Islands Constitution disqualifies Hon, Walwyn and Christian from being members of the second House of Assembly (HOA) of the Virgin Islands.

However, Virgin Islands News Online’s legal desk had already advised that both men, Hon. Walwyn now the new Minister for Education and Culture and Hon. Christian, an At Large representative, are qualified to sit as they were so eligible before the 2007 Constitutional Order came into force.

The new Constitution, according to Virgin Islands News Online’s legal desk, does not ordinarily take away rights.

Both Minister Walwyn and Hon. Christian were born in the Virgin Islands according to birth certificates obtained by this news site.

No challenge to be made by VIP

The Virgin Islands Party (VIP) would not have challenged the two members, according to Virgin Islands News Online sources within the party.

It remains unclear the VIP reasoning for this position, as neither former Premier and party chairman Ralph T. O’Neal OBE, or party consultant Carvin Malone could have been reached as of press time.

One prominent and highly respected local attorney had told Virgin Islands News Online on condition of anonymity, that “I hope that someone has the courage to file because it will be good for jurisprudence in the Virgin Islands as it will also put the matter to rest...a lot of us need an interpretation of this section of the constitution and its good constitutional law for years to come.”

Please click here to see full argument for the disqualifications of both Messers Walwyn and Christian that was put forward by a group.

Election Petition

30 Responses to “UPDATE - Private citizens did not file petition”

  • critic (07/12/2011, 09:03) Like (0) Dislike (0) Reply
    lets check um out.... the law is the law of the land....no exceptions
  • billyb (07/12/2011, 09:04) Like (0) Dislike (0) Reply
    Man lets move on!!! This still an issue????? Come on man, leh we do di ting
  • Edmund (07/12/2011, 09:30) Like (0) Dislike (0) Reply
    someone needs to challenge this for the good of the country....VIP has no balls
    • James Patterson (08/12/2011, 00:07) Like (0) Dislike (0) Reply
      what I believe is this eligibility process is a big joke if you ask me. We should not have to wait until after the elections to contest something like this, as it must be done before in my view.....Here is where the weak election office come in and that old retired lady who do not know her head from her feet!!!! Just like how me or you have to show our eligibility to get registered to vote, you would think that a candidate would have to present all their documents at their nomination to show that they are eligible to hold politcal office as well!!!!!! Is this rocket science people??/ Why can't we just make it much more simple???? suckteeth
  • Smh (07/12/2011, 09:44) Like (0) Dislike (0) Reply
    i cant understand this these people, the Government are the ones who revised the constitution and now they dont understand what they wrote. boy we look like a set of fools.
  • Hmmmm (07/12/2011, 09:51) Like (0) Dislike (0) Reply
    Quoting section 65 (2) (a) (b) (c) is subject to subsections (3) and (4) and and are noted as explanatory note for section 65 (1) (b) (i). So we know they don't qualify under those. As for section 65 (a) - this may be what they are holding on to. In defining BOT's it would be helpful to go over the BNA of 1981, and more specific Part II of the 1981 Act. BOTs on 1 January, 1983 did not include a few of the Caribbean countries, and that would hold true for those Independent Caribbean Countries. These include Barbuda, St. Kitts and Nevis, Saint Martin, St. Lucia, St. Vincent and the Grenadines, Barbados, Trinidad and Tobago. So a few persons would not have qualified to run for this election. A can of worms open up here and somebody needs to step forward, and in the end it doesn’t matter who wins the battle, but at least then we all will know how the constitution should be interpreted. THIS IS ONLY ONE REASON WHY WE NEED SOMEONE WITH A LAW DEGREE, OR SOMEONE WITH PARALEGAL EXPERIENCE TO BE SUPERVISOR OF ELECTION. This could have been avoided, and it makes us Virgin Islanders appear incompetent. There is lots more research that could be done, but you have to know where to look.
    • Hmmmm (07/12/2011, 09:53) Like (0) Dislike (0) Reply
      I forgot Antigua.
    • Tram (07/12/2011, 12:32) Like (0) Dislike (0) Reply
      1976 CONSTITUTION (defines who was qualified before the 2007 constitution) (2) For the purposes of this Order a person shall be deemed to belong to the Virgin Islands if that person- (a) is a British subject and was born in the Virgin Islands; or (b) is a British subject and was born outside the Virgin Islands of a father or mother who was born within the Virgin Islands; or (c) has obtained the status of a British subject by reason of the grant by the Governor of a certificate of naturalisation under The British Nationality and Statute of Aliens Act, 1914 or The British Nationality Act, 1948; or (d) is a person to whom a certificate has been granted under the provisions of section 15 of the Immigration and Passport Ordinance, 1969 (in this section referred to as "the Ordinance", and references to the Ordinance or to any section thereof include references to any enactment amending or replacing the same) and has not been revoked under section 16 of the Ordinance; or (e) is a British subject above the age of eighteen years who immediately before attaining that age was the child of a person to whom a certificate had been granted under section 15 of the The Virgin Islands (Constitution) __________________________________________________________________________________ 28. Subject to the next following section, a person shall be qualified to be elected as a member of the Legislative Council, if, and shall not be qualified to be so elected unless, he- (a) is a British subject of the age of twenty-one years or upwards, and (b) is deemed to belong to the Virgin Islands, and (c) is otherwise qualified as a voter under section 31 of this Order.
  • Man UP (07/12/2011, 10:08) Like (0) Dislike (0) Reply
    When people say the VIP is dead I now see what they mean…apparently they got no spine to file and just sitting around hoping that private citizens do the filing of the petition as the VIP trying to run from this. How the hell can I ever support them again???? They have no regards of representing we the people….
    • myron (07/12/2011, 12:07) Like (0) Dislike (0) Reply
      well said "man up" that is why i left them and join the NDP...see me even a minister too ha he he
  • Quiet Storm (07/12/2011, 10:20) Like (0) Dislike (0) Reply
    If no one file with the court, why is this breaking news? The courts exist to interpret the law. We need to get this resolved once and for all. It appears as if based on the current constitution they are eligible to run. Furthermore, they were born in the Virgin Islands; they are not children of diplomats but children of residents whose effort help built the wealth of the territory. If we do not like the way the constitution is written, amend it. But in the mean time, we need to live by it. The offspring of residents participating in the political process is not unique to the BVI; it is a universal thing. Check out the USVI: Cole, Potter........etc.In the USA look at Eric Holder, Colin Powell, Charlie Rangel.......etc. Let's settled this once and for all. The territory has big issues to deal with: A slumping economy, fiscal deficit, crumbling infrastructure.
  • why (07/12/2011, 10:31) Like (0) Dislike (0) Reply
    Whosoever made the decision to file this partition DO NOT and I repeat DO NOT have this country at heart but themselves God will strike this country me son if we do not stop this greediness we have going on in this place for power. This is so sickening now My God my God help us in Jesus name, help Tortola to see your mercies over us.
    • C'mon (07/12/2011, 12:13) Like (0) Dislike (0) Reply
      Go sit down! The law is the law and is up to interpretation. So if there is something wrong with the process it needs to be dealt with instead of 'SWEEPING IT UNDER THE RUG' like we always do in the VI.
  • Constitution (07/12/2011, 10:47) Like (0) Dislike (0) Reply
    Section 65 (1) (a) of the Virgin Islands Constitution Order 2007 qualifies them: 1) Subject to this section and section 66, a person shall be qualified to be elected as a member of the House of Assembly if, and shall not be qualified to be so elected unless, he or she— (a)was so qualified immediately before the commencement of this Constitution; or
    • Crank Shaft (07/12/2011, 11:16) Like (0) Dislike (0) Reply
      Yes, you are correct! But now this smart ass high bottom boy from sea cows bay trying to define what 'qualified' actually means in the Constitution. This is pure nonsense! I hope the Judge tells him "Look, this should've been done before elections, go sit down!" Pure rubbish just to shift the attention from the bad state the VIP left us in. LOL! These people have no shame buddy....
      • Guess again (07/12/2011, 12:16) Like (0) Dislike (0) Reply
        In fact the challenge has to be done when a person seeks to actually sit in the HOA. The proof or challenge is not done during declaring running for office, nomination day nor swearing in. I know it is a situation of cart before the horse which needs to be fixed so we have no future problems with this same issue.
      • Tram (07/12/2011, 12:21) Like (0) Dislike (0) Reply
        Yes and he is citing a case that has to do more with election of company directors, not election of members of a HOA.
    • So (07/12/2011, 11:55) Like (0) Dislike (0) Reply
      For those of us trying to follow along with this, how did they qualify before? Is is because they were born here? Whatever the outcome, this will be good guidance for the country going forward. I think it should have been done before, but it is being done now, so I will see how it plays out. I wonder what happens if they are indeed ineligible to hold office, is there another election? Muddy!!!
  • she the cat mother (07/12/2011, 12:52) Like (0) Dislike (0) Reply
    the people of the bvi needs to get real for once and respect our laws...If someone is not eligible to sit in the Parliment we cannot simply move on, and act like its no big deal....the Parliment is where the laws are made..the issues must be rectified by the courts regardless!
  • Lorna Green (07/12/2011, 12:52) Like (0) Dislike (0) Reply
    With all the prayers before, during and after the elections, up to the thanksgiving service...ppl in the BVI still creating mischief. You all dont believe that God FED UP with is right now? It is time to put our country back in its righfull standing and stop acting like fools. We went to the polls and elected our government, so now what is the problem. The Constitution says they are eligible to sit in the house of Assembly, so sit they will. None of the haters will stop this show tomorrow. In Jesus Name I claim this for my country. AWAY WITH THE HATERS!
    • C'mon (07/12/2011, 13:17) Like (0) Dislike (0) Reply
      In Jesus name I ask for a FAIR and JUST due process!!! If someone is allegedly not able to sit in the HOA it should be challenged. I am neither VIP nor NDP as I mixed my votes this elections but if there is serious questions on the matter then it should be challenged. The main issue here is interpretation of the Consitution!! We as a people or country cannot simply say, "Let It Go" or "Let's Move On", that is downright stupid. If something is not right then we NEED to address it NOW! Let's say someone was indeed not eligible and they keep sitting and not challenged? We set a VERY BAD precedent for the future of this country. Every Tom, Dick, Harry, Jenny and Shanaynay will want to run for office simply because we remained silent.
  • Wrong (07/12/2011, 12:52) Like (0) Dislike (0) Reply
    The suggestion that the Constitution must be considered as a "whole" document is misguided.
  • ? (07/12/2011, 14:58) Like (0) Dislike (0) Reply
    If Mark elgibility is not challenged, I do not understand why Mryon and Archie elgibility is being challenge because they were actually born in the Virgin Islands and was elgible to run for election the same as Mark. Not because they did not run for election in the pass makes them not elgible.
  • Lilly (07/12/2011, 17:01) Like (0) Dislike (0) Reply
    challenge by the VIP can't be since someone else has filed the matter with the court and the VIP Leader is showing the people of this country that it's not power he's looking but trying to teach us that if such matter is in the court we have to all the court system to do it's job!!
  • Jigga (07/12/2011, 20:39) Like (0) Dislike (0) Reply
    I CAN HONESTLY SAY IT IS MATTERS SUCH AS THIS THAT MAKES ME ASHAMED TO BE A VIRGIN ISLANDER GIVEN THAT THE LAWYERS WAIT UNTIL NOW TO COME WITH THIS WHEN THEY HAD AN ENTIRE YEAR TO PREPARE THEIR CASE AND DROP IT ON NOMINATION DAY. ONE FOR ALL AND ALL FOR ONE!!!! INSTEAD OF TEARING OUR COUNTRY APART. IF WE HAD TO SAY WHO CAN AND WHO CANNOT RUN A LOT OF THE FORMER MEMBERS WOULD HAVE BEEN INELIGIBLE TO BE STEALING OUR MONEY PLACING US IN DEBT.
  • joe hoe (07/12/2011, 23:08) Like (0) Dislike (0) Reply
    well they can still pay at the end of the four years
  • neclear (09/12/2011, 08:47) Like (0) Dislike (0) Reply
    so we have men in our 2 house who should not be dey...god is good


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