International
Virgin Islands Adopts Cautious Approach to Beneficial Ownership Registers Amid Shifting International Landscape
In response to the shifting international landscape surrounding publicly accessible registers of beneficial ownership (PARBOs), the Government of the Virgin Islands has outlined its stance, balancing transparency with the imperative to respect fundamental human rights.
All Overseas Territories (OTs) and Crown Dependencies, including the Virgin Islands, had previously committed to implementing PARBOs in alignment with the European Union (EU) Fifth Anti-Money Laundering Directive. However, the decision last year by the European Court of Justice (ECJ) injected a new dimension into the discourse by underlining privacy and data protection as fundamental human rights that must be considered when providing such access.
While the Virgin Islands doesn’t fall within the ECJ’s jurisdiction, the government, in light of legal opinions on the ECJ judgment and the constitutionality of establishing a PARBO in the territory, acknowledges the need to consider the ECJ judgment to mitigate the risk of potential legal challenges on human rights grounds.
Hon. Lorna Smith, Minister for Financial Services, Labour, and Trade, emphasized the importance of safeguarding fundamental human rights. She stated, “The safeguarding of these fundamental human rights necessitates the application of a ‘legitimate interest test’ to determine access for those parties whose request for beneficial ownership information is genuinely aimed at preventing or combating money laundering and terrorist financing.”
Despite this cautious approach, the Virgin Islands has a long-standing history of actively combatting the misuse of its financial sector for illicit purposes. Minister Smith highlighted the commitment to transparency while respecting international law. The government will continue technical work to design and build systems aligned with the EU’s Fifth Anti-Money Laundering Directive, ensuring compliance with emerging standards, all while upholding human rights obligations.
Minister Smith affirmed the unwavering commitment to international standards, emphasizing the Virgin Islands’ role as collaborators and leaders in the global fight against financial crime. An exemplar of this commitment is the exchange of information agreement with the UK, which played a critical role in freezing over US$400 million in assets in accordance with relevant obligations under the Russian sanctions regime.
Looking ahead, the government pledges ongoing engagement with the United Kingdom (UK) and other partners to stay abreast of evolving regional, international, and global standards and best practices in implementing PARBOs. The delicate balance between transparency and respect for human rights remains a focal point as the Virgin Islands continues its commitment to combat financial crimes on the international stage.
The British Virgin Islands is preparing for a vibrant celebration as the Social Development Department urges residents to “Rock Your Socks” tomorrow, March 21, in honour of individuals with Down Syndrome.
A colorful array of mismatched socks will adorn the islands, spreading awareness and challenging stereotypes surrounding this genetic condition.
Led by the Disability Services of the Social Development Department, the initiative aims to highlight the uniqueness and diversity of individuals with Down Syndrome.
Residents are encouraged to wear mismatched socks, capture moments through photographs, and share them on social media platforms, tagging the Disability Services’ Facebook page @disability-services-socialdevelopmentVI and using the hashtag #endthestereotype.
The Judicial Committee of the Privy Council (JCPC) in London has overturned the convictions of dancehall artists Adidja ‘Vybz Kartel’ Palmer, Shawn ‘Storm’ Campbell, and two others, citing juror misconduct during their trial in Jamaica.
The Privy Council’s ruling sends the case back to Jamaica’s Court of Appeal, which will determine whether a retrial is warranted for the artists—along with Kahira Jones and Andre ‘Mad Suss’ St. John—who have served 12 and a half years in prison for the murder of Clive ‘Lizard’ Williams.
During the trial, prosecutors relied heavily on cellphone records and testimony from Lamar “Wee” Chow, the sole eyewitness, who claimed Williams was killed at Kartel’s residence in Havendale, St Andrew, in August 2011. Following a grueling 64-day trial, the men were sentenced to life in prison in April 2014, marking the longest trial in Jamaica’s legal history. Although the Jamaica Court Of Appeal upheld the convictions in April 2020, it reduced their parole eligibility.
The defendants were granted an appeal to the UK-based Privy Council on the grounds of improperly obtained cellular evidence, tainted jury after a bribery attempt, and alleged undue pressure from the trial judge, Justice Lennox Campbell, to reach a verdict. The final appeal was heard on February 14 and 15.
The Privy Council, composed of judges Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Burrows, and Lady Simler, unanimously ruled in favor of allowing the appeal, deeming the conviction unsafe and quashing it. However, the judges refrained from expressing views on the other issues raised during the appeal.
Critically, the judges scrutinized the handling of jury issues by the trial judge, including the continuation of the trial with a corrupt juror and the lack of sufficient action to mitigate potential biases.
One juror was discharged early in the trial due to concerns for her son’s safety, while another juror, Livingston Caine (Juror X), was found guilty of attempting to bribe fellow jurors. Despite this, Caine was allowed to continue serving on the jury, as Jamaican law requires at least 11 jurors for a murder trial to proceed. The Privy Council deemed this inaction as detrimental to the fairness of the trial.
The judges highlighted the judge’s failure to adequately address the alleged bribery and the potential prejudice that Juror X’s behavior may have caused among the remaining jurors. They emphasized the absence of legislative provisions in Jamaica to address jury tampering, contrasting it with the protocols in England and Wales.
The Privy Council’s decision, detailed under Case ID JCPC 2022/0049, “Shawn Campbell and 3 others (Appellants) v The King (Respondent) No 2 (Jamaica),” marks a significant development in the case, raising questions about the integrity of the trial process and the need for reforms to safeguard against juror misconduct.
Reggae enthusiasts worldwide are mourning the untimely passing of Peetah Morgan, the lead singer of the renowned reggae band Morgan Heritage. The somber news was announced by the band through a heartfelt statement shared on their Instagram on Sunday, February 25.
The band’s statement, while confirming Peetah’s passing, did not disclose the cause of death, however reports indicate that he died from a massive stroke.
Peetah Morgan was 47 years old at the time of his demise. The music industry and fans alike are left in shock as they grapple with the sudden loss of the veteran singer.
Peetah’s last appearance with Morgan Heritage in the British Virgin Islands was at the 2023 Emancipation Celebration Reggae Night. The memorable performance showcased his passion for music and left an indelible memory for fans in the British Virgin Islands, making his passing even more poignant for the local reggae community.
Sources close to the Morgan family revealed that Peetah’s loved ones are deeply saddened, struggling to come to terms with the gravity of the moment. The family shared their grief with a poignant message on social media, stating, “It is out of sincere love that we share that our beloved husband, father, son, and brother, and lead singer of Morgan Heritage Peter Anthony Morgan, has ascended today, February 25th, 2024. Jah come and save us from ourselves because love is the only way.”
The family’s statement expressed gratitude for the overwhelming love and support received, asking for continued prayers during this difficult time. They also requested respect for their privacy as they navigate through the process of healing.
Peetah Morgan’s contribution to reggae music, especially as the frontman of Morgan Heritage, has left an indelible mark. As fans come together to remember his legacy, the reggae community mourns the loss of a talented artist who has left an enduring impact on the genre.
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