The court case against Mr Wade N. Smith, the Commissioner of Customs who was charged with one count of Breach of Trust in a Public Office, has been tossed out by the High Court. Photo: GIS/File

Mr Mark Collins, the former Commissioner of Police who led a witch-hunt against certain residents of the Virgin Islands. Photo: Facebook/File

The High Court judge, Theresa Hadad, has ruled in favour of the popular Controller of Customs Mr Wade N. Smith. Photo: Linked In

This time, it's Mr Wade N. Smith, the popular Comptroller of Customs, who was sent on leave for no reason in 2022, but others believed it was because he stood up against United Kingdom (UK) police officers' corruption and human smuggling. Former Commissioner of Police Mark Collins faced 55 charges brought by his own police officers, but was never sent on leave.

The bogus charges

After being sent on leave, Mr Smith was charged with ‘breach of trust’ concerning an incident during the COVID-19 Pandemic curfew. UK police officers, aided by the then Governor, claimed that he had failed to do his duty regarding managing the curfew.

It was alleged that during the curfew, the Customs Department had permitted an overseas boat to berth at Nanny Cay. The boat was seized by Customs within a few days of the events in which the UK Police Officers had brought bogus charges against Mr Smith.

In court, Mr Smith's high-powered attorney, Terrence F. Williams, KC, of Chase Law, had raised the point that the curfew order was not compliant with the Curfew Act. The brilliant Attorney further argued that the Curfew Act provided that restrictions could be made to persons going out on the streets. However, the curfew order sought to restrict traffic in the territorial waters; hence, the curfew order went further than the Curfew Act permitted.

The court agreed with the submission by Mr Smith’s attorney. The submissions were previously made before the Magistrate’s Court, but a magistrate didn't rule on them.

Curfew Order ultra vires

The matter moved up to the High Court, where a judge, Theresa Hadad, agreed with Mr Smith’s submission that the curfew order was ultra vires, meaning that it was made outside of the power given by the law, and was therefore unlawful, and the actions taken were null and void.

This means the bogus charges against Mr Smith by the UK police officers were quashed, and were another blow to the CoI witch-hunt cases that have been costing taxpayers millions and millions of dollars.

In other words, Mr Smith’s unlawful arrest and 'made up' charges by UK police officers and the then Commissioner of Police were based upon a void curfew order. The court was not ready, up to publication time, with the written verdict; however, Judge Hadad also promised to address how committal proceedings are to be conducted in the Virgin Islands.

All CoI witch-hunt cases going up in smoke

Mr Smith's case is now the fourth of the seven CoI cases against residents with no evidence tossed out by the courts. So far, Hon Myron V. Walwyn (R6), Lorna Stevens, Najah Christopher and now Mr Smith all won their cases. However, it is alleged that the Director of Public Prosecutions, Mrs Tiffany R. Scatliffe-Espirt, is forced to waste taxpayers' dollars on baseless appeals and judicial reviews. 

Other pending cases against residents are also expected to be all tossed out with a ‘no case to answer’ as the witch-hunt falls apart. Police officers have turned whistleblowers and have spoken to our newsroom about the UK police officers’ illegal actions.

However, when it’s all over, Virgin Islands taxpayers will have to face a class action lawsuit because UK-appointed Governors, Commissioners of Police and UK police officers were given immunity from being held accountable for any of these unlawful arrests and bogus charges to residents' good names. This could cost taxpayers over 150 million dollars in payouts.