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Premier: “I was a victim of police abuse”; says Police Act not ready to be passed

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British Virgin Islands (BVI) Premier Natalio Wheatley

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.

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Myron Walwyn Sworn in as Leader of the Opposition in the British Virgin Islands

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Sixth District Representative Honourable Myron V. Walwyn has officially been sworn in as Leader of His Majesty’s Loyal Opposition by Governor Daniel Pruce. The ceremony, which took place ahead of the House of Assembly (HoA) sitting on Monday, March 24, marks a significant shift in the political landscape of the British Virgin Islands.

Walwyn’s appointment follows a formal request submitted to the Governor on Friday, March 21, by members of the recently formed opposition faction known as “The Alliance.” The letter, signed by Walwyn, Second District Representative Honourable Melvin M. Turnbull, and Honourable Stacy R. Mather, called for Walwyn to replace Honourable Ronnie W. Skelton as Opposition Leader. The Governor accepted the request in accordance with Section 70(5) of the British Virgin Islands Constitution, which allows opposition members to determine their leader by majority vote.

With The Alliance holding a majority within the Opposition, surpassing Skelton of the Progressive Virgin Islands Movement (PVIM) and Eighth District Representative Honourable Marlon A. Penn of the National Democratic Party (NDP), the transition was all but assured. This realignment comes in the wake of internal disagreements within PVIM, particularly over a recent attempt by Skelton and Penn to dissolve PVIM and integrate its members into the NDP. That effort led to a rift within the Opposition, prompting Mather and Turnbull to shift their support away from Skelton.

The political maneuvering has raised speculation about potential challenges from Skelton or Penn in response to the change in leadership. However, for now, Walwyn assumes his role as Opposition Leader, with the responsibility of unifying the bloc amid ongoing internal divisions.

Meanwhile, the ruling Virgin Islands Party (VIP), led by Premier and Minister of Finance Dr. Natalio D. Wheatley, continues to maintain its eight-seat majority in the HoA. With the Opposition now under new leadership, political analysts will be watching closely to see how Walwyn steers his faction in the months ahead.

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`Alliance’ Moves to Unseat Skelton as Opposition Leader Ahead of HoA Sitting

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Yet another political shift about to take effect in the British Virgin Islands as the recently formed “Alliance” has made moves to have Sixth District representative Honourable Myron V. Walwyn unseat and replace Honourable Ronnie W. Skelton as Leader of the Opposition, just days before the House of Assembly (HoA) convenes on Monday, March 24.

On Friday, March 21, Alliance members Walwyn, Second District Representative Melvin M. Turnbull and Stacy R. Mather, submitted a letter to Governor Daniel Pruce requesting Walwyn’s appointment as Opposition Leader. It is our information that the Governor has accepted the request in accordance with Section 70 subsection 5 of the British Virgin Islands Constitution, which permits opposition members to elect their leader by majority vote.

PVIM At-Large Candidate Stacy 'Buddha' Mather

Hon. Stacy R. Mather,

The Alliance, holds a majority within the Opposition, surpassing the two remaining members—Skelton of the Progressive Virgin Islands Movement (PVIM) and Eighth District Representative Marlon A. Penn (R8) of the National Democratic Party (NDP). With this shift in alignment, Walwyn is expected to be sworn in as the new Opposition Leader during Monday’s HoA sitting, alongside the appointment of a new Deputy Speaker.

The leadership change follows recent attempts by Skelton and Penn to dissolve PVIM and integrate its members into the NDP. This move has deepened divisions within the Opposition, with Skelton losing the support of Mather and Turnbull, who were previously aligned with him under PVIM.

The development raises key questions: will Skelton and or Penn seek to challenge move of unseating Skelton?

The ruling Virgin Islands Party (VIP), led by Premier and Minister of Finance Dr. Natalio D. Wheatley, currently holds a solid eight-seat majority in the HoA. The new opposition bloc, now to be under Walwyn’s leadership, will need to address internal divisions and work to redefine its role in the territory’s governance.

The developments will be closely monitored when the HoA sits on Monday, as Walwyn is likely to assumes his new role amid a rapidly changing political landscape.

Minister for Natural Resources and Labour Melvin 'Mitch' Turnbull

Hon. Melvin ‘Mitch’ Turnbull

 

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BVI Premier Seeks Constitutional Amendment to Establish Minister of State Position

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Premier Hon. Natalio D. Wheatley has announced plans to pursue a constitutional amendment to formalise the appointment of a Minister of State, a position currently not recognised under the British Virgin Islands’ constitutional framework. The revelation came during an interview on The Big Story with JTV’s Cathy Richards on March 11, where the Premier addressed recent shifts within his administration, including the return of Hon. Lorna G. Smith to government and the reassignment of Hon. Karl Dawson.

The changes, announced earlier in the day, saw Dawson’s removal as Junior Minister for Agriculture and Fisheries, while Smith was designated as Minister of State. However, Wheatley acknowledged that the position does not yet legally exist, requiring approval from the United Kingdom to be formally established.

“In the Westminster system, there are different types of junior ministers, including Ministers of State and Parliamentary Under-Secretaries,” Wheatley explained. “While our current constitution allows for junior ministers, we would need an amendment to introduce the Minister of State designation.”

The Premier confirmed that he has informally raised the matter with the Governor and intends to discuss it further in an upcoming meeting with UK Minister for Overseas Territories, Steven Doughty. If successful, the amendment would provide the BVI government with additional flexibility in ministerial appointments.

Wheatley defended his decision to publicly designate Smith as Minister of State ahead of securing the constitutional amendment, stating that she was passionate about the role, particularly in relation to financial services—one of the territory’s key economic sectors. He emphasised that the move signals his administration’s commitment to expanding the governance framework to better reflect the needs of the territory.

“My point in communicating it is to let persons know that this is something we want to get done as quickly as possible,” he said.

While Smith is not a member of Cabinet, the Premier noted that she will be invited to Cabinet meetings as needed to discuss matters related to her portfolio. Under the current system, only five ministers can be full Cabinet members. Any expansion would require additional constitutional reforms, including a potential increase in the number of elected officials in the House of Assembly.

Should the UK approve the amendment, Smith’s position would become official, leaving a junior ministerial post open. Wheatley also indicated that his government may request an increase in the number of junior ministerial positions beyond the current limit of two.

“We would be asking for the ability to have different levels of junior ministers, and I believe it would be prudent for us to request more than just two,” he said.

As negotiations with the UK progress, the government’s ability to restructure its ministerial framework remains uncertain. However, Wheatley remains optimistic that changes can be implemented in a timely manner.

“We will see how quickly we can get it done,” he said, underscoring his administration’s push for constitutional reform.

The proposed changes come at a time when the BVI is preparing for broader constitutional negotiations with the UK. The discussions will not only address the Minister of State position but could also lead to wider governance reforms.

For now, Smith will continue to serve in one of the two existing junior ministerial roles until a formal decision is made.

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