UPDATE: Under pressure Governor & Ag. CoP appoint PC Sharpe!
It was this news site that first and accurately reported on this matter last month and the alleged abuse of power and outcry by public officers over how they are treated by Governor McCleary and police officers by Mr Morris.
It is important to note also that this matter regarding Officer Sharpe has been ongoing before the arrival of the two controversial men Governor McCleary and Mr Morris.
Virgin Islands News Online's sources inside the Royal Virgin Islands Police Force (RVIPF) have reported that PC Sharpe received a letter dated May 13, 2013 advising him that he is now appointed to the Permanent and Pensionable Establishment of the RVIPF and that the appointment will be effective from July 2006.
This is indeed a record whereby it took a public officer some six years and ten months to be appointed, even after a recent circular from the Deputy Governor V. Inez Archibald about what the general orders state on duration of acting appointments.
It remains unclear also if Mr Sharpe will still pursue his matter in the courts.
When contacted the RVIPF Information Officer Diane Drayton said she was not allowed to release any “personal information about any officer of staff.”
This news site also made contact with the Governor’s Office on this matter but was told the person to answer our queries, Ms Maria Mays, was not in.
Police Officer Sharpe could not be reached as of publication time.
Both Governor McCleary and Acting Police Commissioner Morris have come under fire from the public over their alleged rampant abuse of law and order and in particular the governor who has been accused of having little or no regard for the Constitution of the Virgin Islands as it relates to civil servants.
See previous article posted on April 23, 2013
More legal action against Gov. McCleary & Ag. CoP Morris
- Police Officer seeks leave for judicial review after being on probation for 7 years
Many Public Officers continue to claim that the United Kingdom appointed Governor William B. McCleary and his close ally Acting Commissioner of Police David Morris have no regards for the rule of law, rights of civil servants and upholding the Virgin Islands constitution based on the many cases now before the courts against the two of them.
In yet another twist, a police officer of the Royal Virgin Islands Police Force (RVIPF) has turned to the High Court to seek justice for alleged ‘high handedness’, which has resulted in him being unconfirmed as a police constable of the RVIPF after 7 years of service.
The Police Officer, Mr Olfred Sharpe is challenging the decision to defer his appointment to the post of constable after some 7 years and counting.
It must be noted that Police Officers are Public Officers, employed in the Public Service, under the Virgin Islands Constitution.
In the officer’s request for judicial review, Mr Sharpe is contending that he joined the police force in 2007 and should have been confirmed by 2010. He continued to work, under the understanding and expectation that he will be confirmed in his post as a Constable, employed in the Public Service.
While this investigative reporter is aware that this matter with Officer Sharpe started way before the appointment of Governor McCleary and Acting Police Commissioner Morris, it continued under their tenure and is still unresolved, a situation both could have addressed.
However, since the arrival of Governor McCleary and Acting Commissioner of Police Morris, he had reportedly received a letter deferring his confirmation for another year.
This news site was provided with documents, which stated that Mr Sharpe joined the Public Service as an Auxiliary Police Officer in the Virgin Islands Auxiliary Police Force on July 12, 2006. After completing two years probationary period to the satisfaction of the then Commissioner of Police Reynell Frazer, the officer resigned, with the intention and expectation of joining the RVIPF, because he had applied to join that force.
It is this news site’s understanding that based on previous discussions held with the Commissioner [Frazer], it was agreed mutually, that his appointment as a constable on probation in the RVIPF would take effect on the same day of his resignation from the Auxiliary Police Force.
According to information obtained by this news site, on October 24, 2007, he resigned as a member of the Auxiliary force. On the said October 24, 2007, he joined the Royal Virgin Islands Police Force, and was appointed on probation for three years, pursuant to the provisions of section 12(1) of the Police Act, Chapter 165 of the laws of the Virgin Islands.
On October 24, 2010, Mr Sharpe’s probationary period as a constable on probation ended, after three years. Two weeks later, he allegedly did not get notification that his service had been dispensed with under section 12(2) of the Police Act.
On November 15, 2012, almost two years after he was expected to be confirmed, Mr Sharpe allegedly received a letter, indicating that his appointment to the post of constable had been deferred and according to a police source no reason was given for the deferral.
It is reported that Officer Sharpe never saw a copy of any report written on or about him, sent to the current Governor; neither did he see a copy of any response from the Governor concerning his performance that would have delayed or stop his confirmation.
Mr. Sharpe allegedly wrote in frustration to Governor McCleary in November 2012.
In his letter to the Controversial Governor, Officer Sharpe said “the decision violates my rights under section 12(1) of the Act, and also my Fundamental Rights and Freedoms under section 12 of the Constitution”.
With no satisfactory response from Governor McCleary, the Officer has since filed a challenged in the High Court seeking leave for judicial review against the defendants; The Attorney General, Acting Commissioner of Police, Governor, and the now Acting Deputy Commissioner of Police.
It is not clear at this time when the first hearing will be held, however, Virgin Islands News Online will be following this story closely.
The current Governor McCleary is facing a long list of cases brought by civil servants against him for unfair dismissal, challenging of his power and decision and the violations of their civil rights.
Many in the legal and professional class have questioned his commitment to the rule of law and fair play, and upholding the VI constitution as Governor of the Virgin Islands.
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96 Responses to “UPDATE: Under pressure Governor & Ag. CoP appoint PC Sharpe!”
Good ridance morris.
Could our local elected officials get away with breaking the laws?
WHY DESE UK MEN DOH WANT TO RESPECT BVI LAW? WHY PEOPLE HAVE TO KEEP FIGHTING FOR THEIR RIGHTS IN COURT,WHEN ALL M..... HAVE TO DO IS FOLLOW THE LAW AND JUST DO WHAT DE LAW SAY.DIS IS TOO MUCH NOW WITH DEM UK MEN INCHARGE.TOO MUCH BREAKING OF LAW BY PEOPLE WHO SHOULD BE OBEYING DE LAW,DE OFFICER HAVE TO EAT AND DRINK,WHAT IS SO WRONG IN GIVING HIM HIS LITTLE APPOINTMENT.WHY BE SO WICKED TO A POOR BL@C*MAN,WHAT IS THE BENEFIT TO OPPRESS A POOR LITTLE P.C,,
Mc Cleary and the government don't care for rule of law!! one of many examples, B......@irw@ys has been operating with a foreign aircraft for over two years when the law says only six months. They all wonder why the country in problems. they bend and break the rules for their gain, then lay the law down thick for the peons and peasants. Just like days of old in the U.K. the saga continues.
Knight rider go take a damn seat. every police jump you siding them without facts. just go siddung your wannabe prosecution less @$Z
The law-section 12 of the Act states ""(1) A Constable Shall be appointed on probation [during the first three years] of his service in the force and may,on the CONCLUSION of the probationary period to the satisfaction of the Commissioner,be confirmed in his appointment by the GOVERNOR acting on the ADVISE of the Commissioner"".But we now have a Po.S.C to give that ADVICE. Now; let's read subsection (2) your worship..
""(2) The SERVICE of a Constable on probation may be dispensed with,by the Commissioner with the Approval of the Governor at any time [ DURING THE PERIOD OF PROBATION] if [only if] the Constable is not suitable to perform the DUTIES of his office OR if [only if] he is not likely to become an Efficient and Well-Conducted member of the Force"".THAT is what the BVI LAW Directs! 3 yrs to decide of his fate-3 yrs!
Who is officer Sharpe?Just like any other police officer,he took an Oath to SERVE HER MAJESTY-THE QUEEN: He is a ROYAL Police Officer of Her Majesty: I worked along side this officer,who is well-disciplined,and he respect authority in the force. The law-section 12 of the police Act,directs the Governor to appoint him after 3 yrs service, OR to Dismiss/Dispense him within 3yrs of PROBATIONARY-service,if he is not good enough to be a policeman. 3 yrs passed,you did not dismiss him. 7 yrs later,you breaking the BVI Law to DEFER his appointment? Is the Governor ABUSING the clause in section 97 of the V.I Constitution? Let's read the Clause:
Excerpt of 97 of V.I Constitution states""But the GOVERNOR,acting in his discretion MAY act other than in accordance with that ADVICE if [only if] he determines that compliance with that ADVICE would PREJUDICE Her Majesty's Service"". But the 7 yrs service of officer Sharpe,DID NOT prejudice Her Majesty's Police Force! He is still dressed in Uniform,giving good-Service to Her Majesty! So the C.O.P and Governor,Do NOT have a justified reason UNDER BVI LAW or the BVI Constitution,to DEFER the officer's APPOINTMENT. Therefore your worship; the decision to DEFER the appointment is (1) Unlawful and (2) Unconstitutional.
The handwriting is on the wall. Uk may no want to be associated with us anymore.
Wneh will we learn that this is a game for the Gov. I mean heck he is APPOINTED not even elected, its like when people like Boy...d serve their many years in England this is part of their retirement. They are sent here to "PLAY" God with our constitutional rights, the way we live etc. I'm telling you this Boy.....d character with al his education and "SO CALLED" prestige is really immoral and evil inside. We will always be "monkeys" to people like Boy.....d no matter our educational and social standing...well except if you "UNCLE TOMS and HOUSE NEGROES" like Inis..the same people who should be looking out for us but yet better identifies with their European masters. These people will sell out their own culture and people just to click wine glasses at the Guv..s mansion. We are slowly doomed.
http://bvinews.com/bvi/new-governor-sworn-in-asked-to-respect-vi-ways-and-values/
""(1) Everyone is EQUAL before the LAW and has the RIGHTS to Equal Protection and BENEFIT of the LAW- (2) Subject to such limitations as are prescribed by LAW, Equality includes the FULL and EQUAL enjoyment off ALL RIGHTS and Freedoms"".
This is not about officer Sharpe.These are situations where a law directs a persons in authority to do something,and the persons are implying that to hell with what the law says to do; but I will do otherwise;despite of section 12 of the Constitution. Those of you who support people with power doing what ever they want to others, i hope when they turn their dictatorship on you,every body will walk off on you and say '''leh he take his share now"" bear in mind,lawlessness leads to dictatorship.Think.
even as a rastaman who's been taken adventage by police can see this is wrong.
bad morris bad governor
When M... keep meeting with the bl....c* officers he ask them to resign if they don't want the job because there are a lot of people in England without work imagine that when he keep meetings with his wh...*s that are here on vacation he doesn't ask them to resign because those are his people and he brought them here on vacation This is one sick man.
I really want to know when someone will investigate this jeep m... sold the police it looks like he really above the law
Island belongs to belongers
The rest should follow many of the trust companies and law firms and leave this place for good
The BVI going to thrive and all a we going get rich and have a good time backbiting our own?
Sounds like a real sensible approach to the BVI's future.
Our children will truly thank us for this hateful xenophobic legacy.
We need to stand up for ourselves, BVIslanders, but not stand up for simple-minded stupidness and the furtherance of hate.
it look like lawyers fraid to act on behalf of the female officer who they arrest and abused on the instructions of m...r!s, because even some lawyers are afraid of that dual regime who are here to instill fear in the people of the bvi.this female officer may never get justice; lawyers in the bvi are scared to chellenge the governor and m...r!s but the a.g is paid a big salary to defend their wrong,so they will continue to do wrong. if the court fined them for civil wrong,it's the tax payers of the bvi who have to pay. they know that so they will always do wrong even if people sue and win,is the tax payers who have to pay.the governor and m...r!s are free to do whatever they want..if they make a law for m...r!s to pay back,you will see how fast he will stop the abuse.dem taking advantage of our justice system..what's their plan for this country
I don't think you fooling anyone except yourselves.
to hypocrites