Crime/Police
Nyron Erickson Challenges Committal to Trial in High Court
Nyron Erickson is challenging the Director of Public Prosecutions’ (DPP) attempt to commit him to trial in the High Court of the British Virgin Islands on charges including unlawful possession of a firearm, cocaine, marijuana, and money laundering. The Crown’s case rests on alleged communications between Erickson and co-accused Jose Almestica, who was arrested in December 2021. Erickson’s defence contends that the evidence presented is inadmissible hearsay and insufficient to establish a prima facie case.
Central to the defence’s argument is the nature of the evidence derived from alleged WhatsApp communications between Erickson and Almestica. The Crown’s reliance on forensic extraction reports and voice analysis to link Erickson to incriminating messages on Almestica’s recovered mobile phone has been challenged as inadmissible hearsay. According to the defence, this evidence cannot stand under the scrutiny of established legal principles.
The defence contends that a close examination of the evidence in the committal bundle reveals that the purported telephone evidence is hearsay upon hearsay. They argue that the forensic extraction report, which purportedly shows WhatsApp messages linked to Erickson, is a statement made outside of court and is thus inadmissible. Additionally, the defence points out that the statement by Ms. Kim Wharton, who testified to the monikers associated with Erickson, further represents inadmissible hearsay. Wharton’s testimony relies on previous assertions not made while giving oral evidence in court, violating the rule against hearsay as established in R v Sharp [1988] and R v Kearley [1992].
The defence also references the Privy Council decision in Delroy Hopson v R [1992], which underscores that statements made outside the presence of the accused are inadmissible. In this case, any attributed designations linking Erickson to Almestica via WhatsApp messages were made in Erickson’s absence, further breaching the hearsay rule.
The issue extends to other pieces of evidence in the committal bundle, such as the designation of “WestBank” and “BandSpatron” as monikers associated with Erickson. The defence argues that these attributions are based on inadmissible voice analysis and previous statements that Wharton could not testify to in court. The defence cites the Williams v Bedwellty Justices [1996] case, which emphasises that committal proceedings must be based on admissible evidence. Any committal based on inadmissible hearsay evidence is liable to be quashed by way of judicial review and the remedy of certiorari.
Furthermore, the defence points to the principle established in R v Gunewardene [1951] and R v Dennis Lobban [1995], stating that the extrajudicial statements of a co-accused are not admissible as evidence against the defendant. In the current case, any statements made by Almestica outside of court cannot be used to implicate Erickson. The defence highlights that Ms. Wharton’s statement and the forensic extraction report are both examples of such extrajudicial statements, making them inadmissible.
The defence also critiques the methodology and credibility of the forensic extraction and voice analysis. They argue that these techniques are not only subject to significant error but also that their results were presented without the proper foundational evidence or expert testimony to verify their accuracy. This further undermines the reliability and admissibility of the evidence against Erickson.
In their argument, the defence submits that there is no admissible evidence to support the committal of Erickson for trial in the High Court. The statements and forensic reports relied upon by the Crown are riddled with inadmissible hearsay and fail to establish a prima facie case. The defence urges that, in the absence of such evidence, the charges against Erickson should be dismissed.
On February 27, 2023, Erickson was extradited to the United States Virgin Islands after unsuccessful appeals in the local Court of Appeal and in the United Kingdom Privy Council. He was charged with conspiracy to launder monetary funds from outside the United States and unlawfully transporting the funds into the United States. After six months in federal custody, prosecutors dismissed the case against him. Despite this, Erickson faced renewed legal challenges when, on 20 September, 2023, he was arrested in Road Town by local authorities as he stepped off the ferry from the United States Virgin Islands.
Nyron Erickson being whisked out by US Feds under heavy security on February 27, 2023.
Crime/Police
Senior Magistrate Dismisses Case Against Walwyn and Stevens in High-Profile ESHS Wall Project
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.
Acting Commissioner and Governor Outline Key Initiatives and Vision for the Year Ahead
The Royal Virgin Islands Police Force (RVIPF) convened its first Force Meeting of 2025 under the leadership of Acting Commissioner Jacqueline Vanterpool. The meeting, attended by His Excellency the Governor and members of the Police Service Commission, served as a platform to highlight achievements from the past year and unveil strategic initiatives aimed at enhancing the Force’s capabilities and public trust.
His Excellency the Governor announced a robust package of support from the United Kingdom, set to begin in February, that underscores a long-term commitment to bolstering the RVIPF. Two senior UK officers will be deployed to assist in critical areas, including organisational priorities and completing Volume 2 of His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) law review recommendations.
“These officers will provide vital expertise to support the Force’s ongoing transformation,” the Governor stated. He emphasised that their work will be directly aligned with the RVIPF’s leadership under Acting Commissioner Vanterpool.
Additional measures include specialised training and equipment upgrades for the Marine Unit, mentoring for the Intelligence Department, and the introduction of comprehensive vetting processes across law enforcement agencies following formal agreements.
The Governor also provided updates on the upcoming selection process for a permanent Commissioner of Police, which is expected to begin in the latter half of 2025 and could span six months.
Acting Commissioner Jacqueline Vanterpool used the opportunity to acknowledge the dedication of RVIPF officers throughout 2024, noting progress in technology, infrastructure, and operational efficiency.
“Our officers worked tirelessly last year, and their efforts have laid a strong foundation for continued success,” Vanterpool said.
She announced several key milestones, including the confirmation of officers to the Permanent and Pensionable establishment and long-awaited promotions from Sergeants to Chief Inspectors.
Reiterating her commitment to accountability, the Acting Commissioner declared, “Under my leadership, any officer caught breaking the law will be prosecuted to the fullest extent.” She also emphasized a renewed focus on community engagement, promising increased visibility across all levels of the Force.
The meeting reinforced the RVIPF’s commitment to professionalism, transparency, and accountability. Plans for 2025 include strengthening partnerships with local, regional, and international stakeholders to address evolving challenges and build trust with the public.
Crime/Police
12 BVI Police Officers on Interdiction Amid Corruption Allegations, Some Arrested and Charged
The Royal Virgin Islands Police Force (RVIPF) has reinforced its commitment to addressing corruption within its ranks, Acting Commissioner of Police Jacqueline E. Vanterpool announced during a press conference held today, January 15, at Police Headquarters.
In response to recommendations from a recent commission of inquiry, the RVIPF has fully staffed its Professional Standards Unit. The unit now comprises a chief inspector, an inspector, a sergeant, and two constables, tasked with handling public complaints about police misconduct.
“We have staffed the Professional Standards Unit with personnel dedicated to addressing complaints of corruption made by the public against police officers,” Acting Commissioner Vanterpool stated. “We ensure that these complaints are dealt with fairly and transparently. The public can rest assured that all corruption complaints are being addressed, and we will not tolerate any officer found to be corrupt remaining in this organisation.”
The Acting Commissioner revealed that there are currently 12 officers on interdiction, a step taken following allegations of corruption within the force. “Some have been arrested and charged, and are now before the court and are awaiting the outcome of the trials.” she explained.
Last week Police Constable Earlando Baynes, was charged following an internal investigation into a significant security breach. The breach, which occurred during a planned police operation in November 2024, involved the unauthorised disclosure of sensitive information. This jeopardised the operation’s success and raised serious concerns about law enforcement integrity. Following the investigation, Baynes was arrested and charged with Breach of Trust by a Public Officer.
Commissioner Vanterpool acknowledged past challenges with public confidence due to a lack of communication about how complaints were handled. To address this, the RVIPF has implemented measures to keep the public informed about the status and outcomes of complaints.
“Over the years, there were concerns that complaints were made, but the public wasn’t hearing what the police were doing about them,” she said. “We’ve now improved in this area, and we are informing the public about what has been done, what remains outstanding, and what our goals are in handling these cases.”
While admitting there have been missteps in the past, Commissioner Vanterpool emphasised that significant improvements have been made in addressing complaints effectively and efficiently.
“Going forward, the Professional Standards Unit will continue to ensure that all complaints go through the proper processes, with every step completed thoroughly,” she added.
The Acting Commissioner reiterated the RVIPF’s commitment to fairness and transparency in rooting out corruption and restoring public trust.
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