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Premier: “I was a victim of police abuse”; says Police Act not ready to be passed

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British Virgin Islands (BVI) Premier Natalio Wheatley

By MERRICK ANDREWS
Online News Editor


Noting that his government has no intention of passing the Police Act 2023 in its current form, Premier Natalio Wheatley disclosed the three times he was subject to police abuse both here and abroad — adding that he would be the last person in the Virgin Islands who would facilitate police having powers which can be abused.

Before detailing his abuse by law enforcement authorities, the Premier, in Friday’s House of Assembly sitting, gave a brief timeline of the progression of the Bill which he said has been the subject of much scrutiny since its first reading in the House a week ago.

He said: “Madam Speaker, the Police Act Cap 165 was originally passed in 1986. The most recent revision was enacted in 2013. In 2015 the National Security Council considered and approved a new Police Act, and this Bill was first introduced in the House of Assembly in 2018. As security is a matter that falls under the remit of the Governor, this Bill would have been prepared through the collaboration of the Deputy Governor’s Office, the Police, the Attorney General with input from the Director of Public Prosecutions. The Premier brings the Bill to the House of Assembly on behalf of the Governor.

“Obviously, Madam Speaker, the Bill was not passed by the Third House of Assembly, and it was again introduced in the Fourth House of Assembly. It was introduced a number of times, but not passed. It has been in the public sphere literally for years.

He continued: “There has been significant time spent, significant edits made and criticisms heard, which include public concerns. Madam Speaker, I personally was involved in consultations on the Police Act in Virgin Gorda, Anegada, Jost Van Dyke, and all throughout Tortola. As a result of the feedback we received last year, we proposed a number of amendments to the Bill. In addition to the proposed amendments based on public consultation a number of additional amendments were made to the Bill that the pubic did not request and were not privy to. These changes are reflected in the Bill that was introduced to the House of Assembly a week ago.

“Madam Speaker, I want to make it clear that there is no intention by any member of the House of Assembly to pass this Bill in its current form. We recognize a number of areas that are clearly problematic. Members of the House of Assembly have engaged the Bar Association, individual lawyers, concerned citizens, and a number of others, and the concerns are consistent. We convened an informal meeting of the House, and we communicated with top officials of the Royal Virgin Islands Police Force and communicated that under no circumstances would this Bill be passed without amendments to the areas that have caused such grave concern to the Members of the House and the public at large.

“I applaud the officials of the RVIPF who collaboratively worked through the areas that should be amended to protect the public while allowing the Police the power to protect and serve the public.”

The premier went on to share three experiences in which he was the victim of police abuse — in the BVI, US, and UK.

He disclosed: “In 1996 I was walking down the street one late night in Road Town. A jeep pulled next to me, and a man jumped out and pointed a gun at my head and told me to get down on the ground. He cuffed me, put me in the back of the jeep, and took me to the Police Station for questioning. After realizing that I was not who they thought, I was released.

“Madam Speaker, on another occasion, while studying in Atlanta in 1999, a police officer gave me a traffic ticket that I thought was unjust. I protested, and he said if I said one more word, I would spend the night in jail. I continued protesting, and he arrested me and I spent the night in jail.

“Madam Speaker, on a third occasion, while studying in the United Kingdom in 2004, I had an encounter while visiting a friend’s home. Two police officers in plain clothes approached me and accused me of carrying a crowbar in my school bag that I used to break into people’s homes. I thought that this was an outrageous accusation and refused to be searched. The two officers than jumped on me and we had a struggle for about 20 minutes. They managed to get me down and cuffed me. They called for back up and there were about 9 officers who surrounded me and were pushing me around the circle. When an onlooker walked by, they finally left, but not before emptying my school books out of my bag onto the street.”

Premier Wheatley said he is perhaps the only Virgin Islander in history who have led a March in London, protesting a death in police custody.

“Madam Speaker, I am the last person who would give the police powers that can be abused,” he pointed out.

Despite the controversies surrounding the Bill, the Premier, who is a member of the National Security Council, said the Police Act, which was originally passed in 1986, needs to be modernised.

Getting it up to date, will not only help to take criminals off the street, but the passage of the Bill “presents hope of success in solving many unsolved murders in the BVI”.

“Madam Speaker, In its current form, the Police Act (Cap. 165) is not fully reflective of modern policing practices, contemporary human resources practices and current technological advances in the prevention and detection of crime, such as DNA testing and electronic data analysis. It is therefore necessary to modernize the existing Act.

“The revised Police Act brings together the varied amendments, regulations and codes of practice, along with recent developments in police terms and conditions (particularly civilianisation of some roles, disciplinary matters and professional standards, and the promotion process), advances in crime-fighting technology (particularly CCTV and DNA testing) and the professionalization of the constitutional role of the RVIPF.

“Madam Speaker, we must enact the changes necessary to equip the force to protect and serve, and in committee stage we must remove the areas that we all are gravely concerned about. We will not debate the Bill today. We will allow more time to consult, discuss, and prepare the necessary amendments to be considered by the public and members.

“I’d like to thank the people of the Virgin Islands for their engagement and vigilance. We expect that members of the public will always be engaged on matters of interest and participate in the discussions that impact their lives. I make this public commitment in front of all those who are listening and watching that this Bill will be moved forward in a collaborative and transparent manner—one which honours the men and women in the RVIPF as well as the members of the public who they have sworn to serve and protect.

“I take seriously my commitment to protect the interests of the people of the Virgin Islands. I am committed to ensuring that we strike the right balance between the powers of the police and the protection of civil liberties. We will ensure that the members of the public are safer as residents by allowing the police to have enough legal support to ensure their actions can best protect you while ensuring that the people of Virgin Islands have legal support to prevent abuses. Madam Speaker, this is democracy, and when everyone participates and everyone is informed and everyone is guided by principles of decency, fairness, equality, and respect, the end product is always better. Madam Speaker, I thank you,” he concluded.

Local News

Questions Raised Over Decision-Making in House of Assembly

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Concerns are being raised about how decisions are being made within the House of Assembly, with criticism focusing on the absence of data, limited public transparency and questions about whether sufficient expert guidance is being used in shaping national policies.

During the April 14 broadcast of Honestly Speaking on ZBVI Radio, host Claude Skelton Cline questioned the basis on which key national decisions are being taken, particularly in relation to ongoing constitutional discussions. “What measurements are being used?” he asked, pointing to what he described as a lack of data-driven decision-making.

The House of Assembly is the territory’s legislative body, responsible for making laws, approving budgets and overseeing government actions. It operates within the framework of the Virgin Islands Constitution Order, 2007, which outlines governance structures, including the role of elected members and the appointment of the Premier.

Skelton Cline said that while major policy decisions are being discussed, including constitutional reform, there is little public evidence that those decisions are being guided by comprehensive data such as census information or national assessments. “We don’t even know how many people are in the country,” he said, questioning how planning decisions can be made without current population data.

He also raised concerns about whether constitutional expertise is being sufficiently utilized. “Which constitutional lawyer… sat with you through this exercise?” he asked, referring to the ongoing review of governance structures.

Claude Skelton Cline

Under the current system, the House of Assembly consists of 15 members, including 13 elected representatives, and serves as the primary law-making body in the territory. The body is also responsible for debating and shaping policies that affect national development, including constitutional reforms that may require approval from the United Kingdom.

Skelton Cline said decisions of this scale require a higher level of technical input and evidence-based planning, particularly given the long-term implications. He compared the process to making decisions without proper measurements, stating that policies should be informed by verifiable data rather than assumptions.

“Imagine… making decisions based on what you feel, what you think, what you’re guessing,” he said.

The comments come amid ongoing public discussion surrounding governance and constitutional reform in the Virgin Islands, including calls for greater accountability and transparency in decision-making. While the territory maintains internal self-governance, significant structural changes to its political system must align with the existing constitutional framework and, in some cases, receive approval from the United Kingdom.

Skelton Cline urged both officials and the public to seek clarity on how decisions are being made and what information is being used to support them, emphasizing the need for accountability in governance.

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Local News

Direct Election of Premier Would Require Major Constitutional Change

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Growing public calls for the direct election of the Premier are highlighting tensions between voter expectations and the constitutional structure of governance in the Virgin Islands, where the head of government is not elected by popular vote but appointed through a parliamentary process.

Speaking on the April 14 broadcast of Honestly Speaking on ZBVI Radio, host Claude Skelton Cline pointed to increasing public support for selecting the Premier directly, describing it as part of a broader demand for political reform. “I am with the people of this country on matters such as voting for the Premier,” he said.

Under the current system, the Premier is not chosen by voters in a direct election. Instead, the Governor appoints the leader of the political party or coalition that commands a majority in the House of Assembly. This arrangement reflects the Virgin Islands’ parliamentary model, which is rooted in the British Westminster system.

Skelton Cline said many residents may not fully understand that implementing direct elections would require fundamental changes to that system. “Some of these changes that you are asking for will require a change in the very system in which our constitution is set down,” he said.

He added that such a shift would involve structural reforms beyond simple legislative amendments. “This requires structural and systemic change,” Skelton Cline said, noting that the current framework operates within constitutional limits that are influenced by the United Kingdom.

The Virgin Islands operates as a parliamentary democracy under the Virgin Islands Constitution Order, 2007, with executive authority formally vested in the British monarch and exercised locally through the Governor. While the territory has internal self-governance, significant constitutional changes require approval from the United Kingdom.

Debate over governance reforms has intensified in recent years, particularly following the work of the Constitutional Review Commission, which examined ways to modernize the territory’s political system and respond to public concerns about representation and accountability.

Skelton Cline said the current discussion reflects a broader desire among residents for greater involvement in leadership selection but warned that expectations must be aligned with legal and constitutional realities. “Why are you continuing to purchase a nine-inch shoe when your feet have grown to twelve?” he said, using an analogy to describe what he sees as a mismatch between public demands and the existing governance framework.

He urged government officials to provide clearer guidance to the public on what reforms are feasible and what steps would be required to achieve them. “Somebody needs to say to the people of this country… here is what needs to happen,” he said.

The issue is expected to remain central to ongoing constitutional discussions, as policymakers weigh public calls for reform against the legal and institutional structure that defines governance in the territory.

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“We Will Not Be Fooled Again,” Skelton Cline Says, Citing Growing Public Distrust in Leadership

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Public dissatisfaction with political leadership is intensifying in the Virgin Islands and beyond, with growing concerns about trust, accountability and the direction of governance, according to statements made during a radio broadcast Tuesday.

Speaking on the April 14 edition of Honestly Speaking on ZBVI Radio, host Claude Skelton Cline said citizens are increasingly rejecting political messaging and are demanding more substantive leadership. “We will not be fooled again,” he said, framing the sentiment as a shift in public attitude toward those in positions of authority.

Skelton Cline said frustration among citizens has reached a level where confidence in leadership is being eroded. “People are fed up with governance,” he said. “There is a loss of trust in leadership.”

He described what he sees as a widening disconnect between governments and the populations they serve, arguing that traditional appeals centered on transparency, accountability and good governance are no longer resonating with the public.

“There is a collective frustration, a loss of trust and believability of all governments,” Skelton Cline said, adding that citizens are increasingly skeptical of political institutions and leadership structures.

According to Skelton Cline, the shift in public sentiment is not confined to any one jurisdiction but reflects a broader pattern emerging across multiple countries. He said citizens are no longer willing to accept what he described as surface-level political messaging, and are instead demanding leadership that demonstrates a clear understanding of current challenges.

He also warned that political parties and candidates who fail to recognize this shift risk further alienating voters. “Good governance and transparency and accountability are not bumper sticker words,” he said, suggesting that repeated use of such language without measurable outcomes has contributed to public distrust.

Skelton Cline said the current environment requires a more deliberate and informed approach to leadership, noting that citizens are paying closer attention to decision-making and its impact on their daily lives. He added that frustration is being fueled in part by economic pressures and broader global uncertainty, which are shaping public expectations of leadership.

He urged leaders to move beyond rhetoric and address underlying issues affecting governance, while encouraging citizens to remain engaged and vocal. “The peoples of the earth are just fed up,” he said.

Skelton Cline indicated that public sentiment is likely to play a significant role in shaping future political outcomes, as voters become more focused on accountability and tangible results.

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