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Missing court files a concern | At least 2 dozen criminal cases dismissed in 2 weeks

The Magistrate’s Court building in John’s Hole, Tortola.

A considerable number of criminal cases — some more serious in nature — are being dismissed in the Magistrate’s Court.

The matters are being thrown out of court for ‘want of prosecution’, which typically is a conclusion that the Crown has inexcusably delayed moving the matter along.

Chief among the reasons the court has been concluding that there is a ‘want of prosecution’ is that the Office of the Director of Public Prosecution has been unable to locate the relevant files for these now-dismissed court cases.

The DPP’s office is the agency that largely prosecutes accused criminals on behalf of the Commissioner of Police.

“The Crown wants to have its cake and eat it too,” a seemingly annoyed Magistrate Shawn Innocent said last week when he had to dismiss a number of matters for want of prosecution.

Just this week, Magistrate Innocent was made to complain further about the issue.

“This is occurring too frequently,” he said. “This is not acceptable. Crown prosecutors walking (coming to court) with no files makes absolutely no sense.”

A BVI News tally has shown that at least two dozen matters were dismissed in the last two weeks alone.

Dismissed matters over that period include one case of forgery, two matters relating to possession of a controlled drug, and another two for possession of a controlled drug with intent to supply.

There was also at least one dismissed common assault case, two cases of armed with an offensive weapon, one wounding, two assault occasioning actual bodily harm, one indecent assault, one threatening language matter, and one theft.

Copyright 2018 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.

22 Comments

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  1. Not here says:

    Can somebody please tell us what is the DPP, Kim Hollis, doing as head of that Office? Does she go to court anymore? Instead, she is busy trying to make the Office of DPP *hite with her people them. Not here, Kim. Wheel and come again.

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    • Anonymous says:

      It’s amazing the locals can find and wipe their butt holes in the morning.

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    • Outlaw says:

      @ not here, Sitting in her office collecting a salary, trying to ensure people of her kind come in and enjoy a piece of the pie, causing disaffection on the office and trying to run the police force when she cannot even manage her own office. She is a total waste of tax payers dollars. Valston Graham who the then governor rejected after been recommended for the job by the Judicial and Legal Service Commission would have done so much of a better job.

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      • Pipe down (VG) says:

        @Outlaw, curious that you would seem to be so brazen with your remarks and are so knowledgeable on these state of affairs, and yet don’t seem to have the balls to identify yourself – if you think you could do a better job (I’m sure you’re vastly experienced and in no way connected to Valston Graham). Submit you CV to the Governor, I’m sure it’ll make an entertaining read. We will never see change as long as people such as yourself continue to put up barriers of race and segregation or ‘us and them’ (referring to the “people of her kind”) who feel that anyone who isn’t from here is somehow unable to contribute to the much needed shake up – there’s a reason the UK legal system is widely considered the best in the world – and to be frank we could do with a good clean out (perhaps you could volunteer to be one of the first to go?).

        Do this community a favour and grow a pair and stand up for what you say instead of attempting to be an anarchic keyboard warrior from an anonymous username, or do us all a favour and pipe down and do something productive for our community.

        All the best from VG.

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  2. well well says:

    Dancia is correct with what she is saying “we got a break down in law and order”

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  3. lawless society says:

    Does the UK even realise how lawless this place has become? It is clear that the BVI cannot govern itself any longer..

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  4. BEEWEEAYE says:

    Who to blame who to blame every body looking some body to blame. I say blame the NDP.

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  5. SMH says:

    Yet they can find to bring cases from way back of certain individuals. The more pressing and serious charges and offences being dismissed. What a disgraced and corrupt system! This little piece of paradise has become a total embarrassment to all.

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  6. Irma says:

    maybe Irma went with the files

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  7. from here says:

    everyone from here is family so what do you expect to happen your honor.

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  8. Family Affair says:

    Is it that there is someone down st the DPP’s office making sure that family and friends not prosecuted. Thing to think about. Police officers please, am begging, please make a duplicate file before you send the original down to the DPP.

  9. Rastaman says:

    Still waiting to hear that forgery case with two young men who were cashing forged checks. I guess because who they are connected to their case wouldn’t move forward. Where is the equality??

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  10. island man says:

    but how come they only finding all the island people files alone.:)

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  11. lo says:

    Tings to talk. Ms Kim enjoys your holidays in paradise. Serious madam DPP things do not work out at all under your leadership.

  12. Ausar says:

    Soooo, we now are having closed door “whirlwinds”, with the precisive capabilities of removing documents held in dark corners and file cabinets, eh?

    It appears to me that the “whirlwinds” responsible are manmade, and if the government is really interested in checking from which direction the “wind” blows; with a few electronic “eyes”, they may be presently suprised to find a hidden dirty hand or hands, involved, somewhere!

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