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BVI Government Lagging Behind In Implementing Commission of Inquiry (CoI) Recommendations, Says Governor John Rankin

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British Virgin Islands Governor John Rankin today pointed out that the government is substantially lagging behind in implementing many of the 2021 Commission of Inquiry (CoI) recommendations more than a year after the National Unity Government publicly promised to expedite them to avoid a two- year constitutional suspension.

In his third Quarterly Review under the provisions of the ‘Framework for the Implementation of the Recommendations of the Commission of Inquiry (COI) Report and Other Reforms’ (Framework Agreement) for the period of  February 1 to April 30, Governor Rankin candidly addressed several areas of concern, from government devoting more resources for the Royal Virgin Islands Police Force to conduct investigations outlined in the (CoI),  to a lack of commitment in clearing the current large backlog of Residency and Belonger status applications.

“There are two areas that the BVI Government urgently needs to devote more resources to in order to meet commitments made in the Framework Agreement. First, it is vital that police investigations carried out in line with the COI Report recommendations and in response to audits are completed thoroughly and as swiftly as possible so that those who may have broken the law are held to account. The Royal Virgin Islands Police Force must have sufficient capacity to conduct COI related investigations in a robust and timely way,” the report stated.

Regarding the  backlog of Residency and Belonger status applications, Rankin stressed that “there has been very limited work carried out to date to clear the large backlog of Residency and Belonger status applications, and this means that the Government is so far failing in its commitment to apply the ‘ten-year requirement for residency’ law in many cases.”

He further explained that he has discussed both concerns with Premier Natalio Wheatley who made a further commitment to provide the RVIPF with the “necessary resources by July 2023” and to implement “an early action plan to clear the backlog of applications.”

“I welcome the continued commitment to reform made by Hon. Dr. Natalio D. Wheatley in the opening days of his new Premiership. The Premier was clear that now is the time to re-energise the reform process and swiftly move forwards with the implementation of the remaining elements of COI recommendations. I look forward to working closely with the new and returning Ministers to ensure the delivery of the wide-ranging programme of reforms together,” the Governor said.

He added that there have been positive steps since the formation of the May 2022 National Unity Government following the release of the CoI recommendations, which included the suspension of the territory’s constitution for two years due to corruption at all levels of government.

“There have been some positive steps, albeit some in their infancy, over recent months. I am pleased that the Protocol for Statutory Board Appointments has now been agreed and is starting to be applied. I am grateful to the Deputy Governor’s Office for finalising the Public Service Management Code after consultation. I am pleased to report that His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services have now completed their work in another jurisdiction, and hence were able to visit the BVI in May to begin the law enforcement review.

He also noted that he is “encouraged by the increased use of open procurement” and reiterated that “single source procurement must be the exception rather than the norm. Indeed the Public Procurement Act 2021 expressly states that single source procurement can only be used in specific exceptional circumstances. It is also important that Ministries carry out timely procurement to ensure that good value and good governance is achieved, and that the making of retrospective payments is avoided.”

At the swearing-in ceremony on May 6 last year, Premier Wheatley publicly stated that he was committed to implementing the reforms and working with the governor.

“Let me state unequivocally that the national unity government is fully committed to reform. For the avoidance of doubt, I want to be perfectly clear: Our top priority is the implementation of the recommendations of the Commission of Inquiry report within a framework of democratic governance, and in close cooperation with the governor and United Kingdom, our partners” the Premier said a year ago.

Wheatley returned to office as the leader of the Virgin Islands Party in April this year. He has less than one more year to implement the recommendations in order for the Order in Council – the constitutional suspension threat – to be lifted.

Governor Rankin noted that he delayed the release of the review due to the April 24 general elections, and stressed that “I will continue to work diligently towards ensuring that the necessary reforms have “taken root” by no later than May 2024, which should allow the Order in Council to be lifted then. I will continue to consider whether there is anything more that I need to do to support and/or accelerate the reform programme, including exploring additional resources or seeking a grant of additional powers.

He added that the working relationship with the Premier remains constructive.

 “I believe that the working relationship between myself and the Premier remains constructive. I am extremely keen that there is no ambiguity around how reforms must be taken forward and what success looks like,” the Governor said.

Local News

Two Bids Submitted for West End Ferry Terminal Project

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The Recovery and Development Agency (RDA) has confirmed the receipt of two bids for the West End Ferry Terminal Project by the extended submission deadline of January 17.

One submission was made by a joint venture of two local firms, while the other came from a Canadian company. Representatives from both bidders attended the official bid opening, which took place at the RDA’s Cyril B. Romney Tortola Pier Park office. The process was led by RDA Director of Procurement, Mr. John Primo, and witnessed by key stakeholders, including CDB Contract Supervisor and Project Manager Sergio Dantas, RDA officials, and representatives from the design consultancy firm, Inros Lackner S.E.

The bid opening adhered to a two-envelope system, with only technical proposals reviewed at this stage. Inros Lackner S.E. will now conduct a thorough evaluation of the technical submissions, expected to conclude by early February 2025. Following this, the financial proposals will be opened for assessment.

The West End Ferry Terminal, a project funded under the Caribbean Development Bank’s (CDB) Rehabilitation and Reconstruction Loan (RRL), was once the busiest seaport in the Virgin Islands but has been out of operation since its destruction in the 2017 hurricanes, severely impacting travel and commerce between Tortola, Jost Van Dyke, and the USVI.

Bid documents were issued on July 30, 2024, the same day the Caribbean Development Bank (CDB) granted its No Objection, allowing the procurement process to move forward. The bid deadline was later extended from October 18, 2024, to January 17, 2025, to give bidders additional time to prepare their submissions. Additionally, updates on the project were provided to First District residents during a community meeting on July 23, 2024.

The RDA reaffirms its commitment to maintaining transparency and rigor throughout the procurement process, ensuring this flagship initiative aligns with the Territory’s long-term development goals.

 

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Crime/Police

Senior Magistrate Dismisses Case Against Walwyn and Stevens in High-Profile ESHS Wall Project

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Senior Magistrate Tamia Richards has dismissed the case against former Education and Culture Minister Myron V. Walwyn and former assistant secretary Lorna Stevens, ruling there was no case to answer in the breach of trust charges brought by the Director of Public Prosecutions. The ruling, delivered today, January 21, followed a preliminary inquiry into allegations related to the controversial Elmore Stoutt High School perimeter wall project.

The decision effectively ends the prosecution’s case, with the Senior Magistrate finding insufficient evidence in the arguments presented. The dismissal brings to a close a chapter in the long-running investigation into the wall project, which has been the subject of public scrutiny for years.

The perimeter wall project, initiated in December 2014 under Mr. Walwyn’s tenure, has faced persistent criticism for budget overruns, alleged mismanagement, and a failure to deliver value for taxpayers. Despite more than $1 million spent, the project was never completed, as revealed in a 2018 report by Auditor General Sonia Webster.

Ms. Webster’s report highlighted significant concerns, including contract splitting into over 70 work orders and 15 petty contracts, many awarded to contractors without trade licenses. She concluded that the Ministry of Education and Culture failed to ensure proper oversight, resulting in overspending and poor value for public funds.

The findings of the Auditor General spurred a police investigation in March 2019. However, updates on the case were sparse until October 2022, when Ms. Stevens and Mr. Walwyn were arrested and charged. Ms. Stevens, who assisted with oversight of the project, was accused of breaching public trust.

The wall project was revisited in 2021 during the Commission of Inquiry (COI) led by Sir Gary Hickinbottom. In his April 2022 report, Sir Gary reiterated the concerns raised by Ms. Webster, labeling the project’s management as “extraordinary” and emphasizing the risks associated with the use of multiple unlicensed contractors. He recommended that the police investigation proceed without interference.

“The construction of a single wall involved 70 different contractors, the majority of whom had no constructor’s trade license, in circumstances which disregarded the increased costs and complexity,” Sir Gary wrote in his report. “This inevitably put at risk any desire to get the works completed at speed, as those involved, including [Mr. Walwyn], well knew.”

Senior Magistrate Richards’ findings signal a significant setback for the prosecution. Legal observers note that the court’s ruling raises questions about the strength of the evidence and the strategy employed in pursuing the charges.

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Local News

Windy Hill Closed After Oil Spill Causes Multiple Accidents

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The Royal Virgin Islands Police Force has announced a temporary road closure from Windy Hill to Stoutt’s Lookout due to the oil spill and resulting vehicular accidents. The Fire Department has been contacted and is working to address the situation as quickly as possible.

RVIPF has confirmed that three vehicles were involved in collisions however no injuries have been reported.  One taxi reportedly slid off the road into nearby rocks earlier today.

Motorists, particularly tour operators, are advised to use alternative routes until further notice.

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