Politics
Premier: “I was a victim of police abuse”; says Police Act not ready to be passed
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
Julian Willock Refutes Defamatory Allegations in Guavaberry Media Report
Mr. Julian Willock has issued a formal response to a recent article published by Ms. Cindy Rosan in Guavaberry Media on October 23, 2024. The article, titled “Lorna Smith Sacrificed for Julian Willock Run in 2027,” contains allegations suggesting that Premier Hon. Natalio D. Wheatley’s dismissal of Hon. Lorna G. Smith OBE was part of a strategy to advance Mr. Willock’s political ambitions. Mr. Willock strongly refutes these claims, describing them as false and without basis.
In his statement, Mr. Willock clarified that he had no involvement in, nor prior knowledge of, the Premier’s decision to dismiss Hon. Lorna G. Smith OBE. He emphasised his friendship with Mrs. Smith and pointed out that, as a member of the Virgin Islands Party (VIP) and its Third District Committee, he was not consulted or informed about the Premier’s actions.
“To suggest that this was done as a political favor or in support of my alleged candidacy is completely baseless,” Mr. Willock stated. “I have had no discussions with Premier Wheatley, Hon. Julian Fraser, or any of their associates regarding any such matter.”
Mr. Willock urged Ms. Rosan to adhere to responsible journalism by ensuring her publications are grounded in fact rather than speculation. He condemned the report as both defamatory and misleading, asserting that he has made efforts to avoid becoming entangled in what he described as Ms. Rosan’s “vicious attacks” against other Virgin Islanders.
In a final note, Mr. Willock issued a measured warning: “Karma is real. When digging a hole for others, be sure to dig two.”
He also reminded the public of District Three’s upcoming annual Job Fair, scheduled for Sunday, October 27, 2024, from 2:00 PM to 5:00 PM at Therapy Works in Hannah’s Bay, Tortola.
Local News
Premier Wheatley’s Allegations of Insufficient COI Support Lack Merit: Says Smith
Lorna Smith OBE, dismissed as Deputy Premier by Premier Dr. Natalio Wheatley on Wednesday morning, has strongly refuted his allegations of her insufficient support for the administration’s Commission of Inquiry (CoI) obligations, stating they lack merit.
“The Premier in his letter to me cited a lack of support in relation to COI obligations as one of the reasons for my removal. However, if you have followed my work since being sworn in as Minister, it is evident that the accusations hold no merit,” Smith said at her October 23 press conference, held just hours after Wheatley announced via social media that former Virgin Islands Party (VIP) member Julian Fraser had been sworn in as Deputy Premier.
The former Minister for Financial Services, Labour and Trade revealed that she was notified of her dismissal via a letter received around 8 a.m. while she was at work in her office.
Smith, who won the Territorial-At-Large seat with the National Democratic Party (NDP) in the April 2023 elections, previously switched allegiance to give the Virgin Islands Party a majority to form a government.
A composed former First Lady emphasised that her “record speaks for itself,” noting, “under my leadership, my ministry, along with its hard working team, has met all COI deadlines, fulfilling every obligation within the required timeframe.”
“The Premier’s reasoning is simply untrue, and I believe that it is imperative that he be honest with the people about his true motives rather than fabricating baseless claims.”
Wheatley in his public statement thanked Smith for her service, adding that “I do so with a heavy heart. She did not give me the confidence that she would remain with my administration for the duration of this term.”
The head of the territory added: “This is a necessary change to the composition of the government that provides my administration with political stability and a wealth of knowledge and experience which will serve us well over the course of the remainder of this House of Assembly, political stability is critical at this time to ensure we finalise completion of governance reforms, effectively address the recommendations of the mutual evaluation report.”
At the end of August, Governor David Pruce announced that the government had missed the deadline for implementing key reforms outlined in the 2021 Commission of Inquiry Report, which exposed widespread corruption within the administration.
The CoI was initiated by former Governor Augustus Jaspert in January 2021, and a year later, Commissioner Sir Gary Hickinbottom presented a comprehensive 900-page report detailing significant corruption and recommending a partial constitutional suspension to facilitate essential governance reforms.
But Premier Wheatley in August assured the territory that 45 of the 48 proposed reforms had been completed, promising that the remaining changes would be finalised within a week.
Tensions continue regarding the territory’s political future, as the United Kingdom has warned that failure to implement the reforms could lead to the retention of the Order in Council, potentially resulting in a two-year constitutional suspension.
The former Deputy Premier shared that “despite the difficult economic challenges we face, my focus has always been on strengthening our economy while supporting the government in meeting its obligations.”
She made it clear to Premier Wheatley upon switching sides that “I was here to serve the people of the Virgin Islands, not to serve political interests.
“The truth is I have never wavered in my commitment to the Virgin Islands and its people. When I made the decision to join the government, my singular focus was the continued development of our territory. I was transparent about my intentions then, and I remain steadfast in that mission now.”
“It is exactly what I have done up until this point,” Smith said, highlighting several key achievements during her tenure as Minister, including a successful response to the Caribbean Financial Action Task Force (CFATF) mutual evaluation report, the launch of the Financial Services Solution Programme, and the establishment of the First Tomorrow’s Leaders Internship Programme.
She also led a trade mission to Guyana and Asia and co-chaired the UK Overseas Territories Economic Dialogue, the first of its kind.
“My recent efforts, particularly our successful response to the CFATF mutual evaluation report, have been recognised both locally and internationally, and I am proud of what we have achieved together,” Smith said.
Local News
Premier Slams Opposition Over “Misinformation” in No-Confidence Motion Debacle
Premier of the Virgin Islands, the Honourable Natalio D. Wheatley, has condemned the Opposition’s handling of a No Confidence Motion, accusing them of “bungling” the process by failing to comply with the Standing Orders of the House of Assembly.
In his remarks to the public, Premier Wheatley took aim at the Opposition for spreading what he called “misinformation” and for directing “vicious comments” towards the Honourable Speaker of the House of Assembly, whom he insists was not at fault in this matter. “It is unfortunate that some persons have chosen to be selective with the facts,” Wheatley stated, “taking Virgin Islands politics to a dark place.”
The Premier reiterated that while every member of His Majesty’s Loyal Opposition has the constitutional right to challenge the Government, “persons cannot on one hand profess to be the vanguards of law and order, and truth and righteousness, and then flout the rules and regulations just because it is convenient to their agenda.”
He further called on the Opposition to apologise to the Speaker for “pre-empting her ruling, walking out of the House while she was delivering her ruling, and casting aspersions against her integrity.” According to Wheatley, “a higher standard of conduct is expected from those who aspire to lead the country.”
The controversy arose from the Opposition’s failure to adhere to the procedures for filing their Motion of No Confidence. The Premier emphasised that the Standing Orders, amended in 2016, clearly distinguish between Government Business and Private Members’ Business. He argued that the Opposition’s motion was categorised under Private Members’ Business, and that the Speaker’s ruling was correct. “A simple reading of the Standing Orders will show that the Opposition’s Motion was clearly Private Members’ Business, and the Honourable Speaker was correct in her ruling,” Wheatley asserted.
Premier Wheatley went on to accuse the Opposition of prioritising political gamesmanship over the completion of critical reforms, claiming that the timing of their Motion was intended to undermine the Government’s efforts to petition the UK for the lifting of the Order in Council. “The Opposition prioritises ‘brownie points’ over the completion of the recommendations and the removal of the threat to suspend our Constitution,” he charged.
As he concluded his statement, the Premier reaffirmed his administration’s commitment to serving the public, highlighting ongoing efforts to repair roads, address infrastructure challenges, and finalise the steps necessary to meet the Commission of Inquiry’s recommendations. “My Administration remains united and firmly committed to our responsibility,” Wheatley stated. “There is a lot that needs to be done instead of staging walkouts and press conferences.”
He closed by expressing his readiness to engage in debate when the Motion is properly brought forward, adding, “I look forward to responding to the Motion when it does come up for debate, assuming the Opposition complies with the Standing Orders of the House.”
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