All Seized Items to Be Returned

Former Customs Commissioner Wade Smith, who faced breach of trust charges in 2023, has won one of two judicial reviews brought before the High Court of the Virgin Islands against Senior Magistrate Tamia Richards and Commissioner of Police Mark Collins.

Judge Justice Sonya Young on April 24 delivered the decisive verdict, ruling that the search warrants executed at Smith’s residence in February 2023 was devoid of merit.

She also denounced the actions of the Senior Magistrate as unreasonable, unsupported, and unjustifiable.

The warrant, which was executed on February 14, 2023, resulted in the confiscation of Smith’s documents and belongings, including cell phones, as well as sensitive items such as the death certificates and funeral expenses of Smith’s parents.

In her ruling, Justice Young noted that the Senior Magistrate’s omission of an inter-party hearing, despite requests from Smith’s legal team, a procedural lapse that facilitated the return of the confiscated items.

Additionally, it came to light that Magistrate Richards instructed court personnel to seize communications between Smith and his legal advisors.

Justice Young stressed the warrant should have explicitly state the alleged offence and condemned the arbitrary confiscation of documents from Smith’s property.

She also ruled that the confiscated documents hold no relevance to the case at hand and consequently, all seized items are to be promptly returned to Smith.

The search was reported in the news and compelled Smith to resign from his position and be placed on administrative leave.

He Smiths is yet to have a High Court decision for the second Judicial Review, in this instance, its against the Governor, the Public Service Commission and the Government of the Virgin Islands’ Human Resources Manager.

The outcome of the second judicial review filed by Smith against the Governor xxxxxxx, the Public Service Commission, and the Government of the Virgin Islands’ Human Resources Manager xxxxxxxx, is still pending.