EDITORIAL: COI’s belated attempts to admit its attorneys to BVI bar undermines the Inquiry?
After months of conducting proceedings in the territory, attorneys appointed to the ongoing Commission of Inquiry (COI) are today seeking to be ‘admitted into the BVI bar’.
But this retroactive move might very well undermine the spirit of the COI whose purpose is to establish whether there is evidence of corruption, abuse of office, or other serious dishonesty within public office.
A major theme that arose from the COI since its inception was the concerning trend of past and present members of the House of Assembly (HOA) outrightly breaching their statutory obligation to declare their interests (such as businesses and properties) into the territory’s Register of Interest.
It is clear from the responses of some HOA members that they essentially consider the matter to be a trivial issue. Some have rationalised that the BVI is small and ‘everybody already knows who owns what’. No doubt, those who have sought to trivialise the issue have missed the point entirely. A breach of the law is a breach of law. Furthermore, one would expect those you write the laws of the territory to be goods stewards of upholding them; regardless.
Hypocrisy and erosion of public confidence?
This brings us back to the COI and its international attorneys now seeking permission to practise law in the BVI; months after commencing their duties. This could be perceived as something that reeks of hypocrisy and could potentially erode public confidence in the very system (the COI) that was called to help correct some of the abuses and/or neglectful behaviour seen among those who govern us.
At present, there is nothing explicit in the BVI’s antiquated Commission of Inquiry Act of 1880 that appears to require COI attorneys to be called to the bar.
That is except for Section 13 of the Act which stipulates that a barrister or solicitor can be appointed to assist the Commissioner to examine or cross-examine witnesses on any matter deemed relevant to the inquiry.
When Richard Rowe — a local attorney representing some HOA members in the COI — raised similar concerns recently, the COI’s commissioner, Sir Gary Hickinbottom said he did not consider the work being done in support of the COI to be ‘practising law’ per se.
With due respect to the Right Honourable commissioner, his response is flawed and ill-conceived considering that the COI’s team of attorneys have been, among other things, ‘examining and cross-examining witnesses’ as well as fielding “legal submissions” from other lawyers since day-one.
The COI’s contravention
In fairness to Sir Gary, he has since indicated that any attorney that needed to be called to the BVI bar would seize the opportunity to do so — and so they have. Surely, such actions suggest that Sir Gary now accepts that the work of the COI, in at least some ways, is actually ‘practising law’. However, it seems the COI did not think it prudent to suspend its hearings until they crossed that hurdle.
Under the territory’s Legal Profession Act it is a criminal offence (punishable by a fine of $10,000) for any legal practitioners, whether within the BVI or in another jurisdiction, to practise BVI law without holding a valid practising certificate.
Under the circumstances, it would be reasonable to conclude that the COI and its attorneys have been contravening the law.
Yes, the COI is now moving to correct this unfortunate faux pas. And based on the damning revelations that happened as a direct result of the inquiry being called, the COI is undoubtedly an important and justifiable undertaking that is in the public’s interest. But the proverbial horse has already bolted.
This now raises an all-important question: How will the COI’s misstep potentially affect the Commissioner’s findings and any possible outcomes of the inquiry?
These and other questions threaten to cast a shadow on what seems to be an otherwise transparent process that has largely been welcomed and embraced by the BVI populace.
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Willock was right all along
Yes, my powdered wig sister was right
The COI is not a court of law. It’s an investigation. An investigation does not require ANYONE to be admitted to any bar. They don’t even have to be a lawyer. They are requesting admittance for the next phase which will be criminal indictments. Then they need lawyers. Oh by the way the blonde b****on is never right.
Seem like you hit the nail on its head. The British will spearhead an extension to HMP
Racist!
You are so right. People are so much in their feelings that they are not stepping back to see what’s really happening.
These people came prepared. They knew he didn’t need to be admitted initially and so they didn’t do it then. When will we realize these people have done several inquiries, they are professionals and experts and it has nothing to do with the colour of their skin either.
I am so Glad I didn’t have to type this finally someone with sense
for some reason the esteem one always have the last laugh
When? Strruupes. You’ll need to talk to him. He is clearly smoking something mixed with something else.
The COI has not been a court of law, to date it has been purely and inquiry vehicle. However, this latest move may be an indication of what’s coming next. I suggest people stop stirring the pot and give some thought to the big picture.
Attorneys are coming to prosecute.
Ample evidence has been presented – we’ve seen the corruption, obstruction, and malfeasance of our government officials and the people who have benefitted.
My British flag is already flying high from my flagpole. And I will be one of the first to welcome the new government when they are installed.
Just facts
Of course – because the COI does not have lawyers appointed to the bar that means everything revealed to date never happened – how nice for ‘Boss Hog’, Roscoe, and Co.
Even though as lawyers they were not called to the bar, the evidence unearthed is sufficient to recommend criminal prosecution which will then require a calling to the bar…
No, it won’t, because the COI will not be the prosecutors. It will be the DPP or barring that, someone sent by the UK to conduct the prosecution. The COI’s whole purpose is to write a report. That’s it. You guys are all jumping the gun.
My first reaction when this matter came up was to think the COI was not a court of law, and thus the attorneys’ admission to the BVI bar was mute.
Upon a second reading the entire editorial, I will concede the author of this editorial has made balanced ad valid points.
I do agree the attorney to the COI for all practical matters has been ‘examining and cross-examine(ing) witnesses’ as well as fielding “legal submissions” from other lawyers since day-one.”
Should he have been admitted to the BVI bar before he began working? Perhaps.
The questions are: how long would it have taken to be admitted? Months, Years? Would the approval time to the bar been practical to meet the needs of the inquiry?
Was his U.K law license sufficient to allow him to partake in his current role? Unsure.
As the author points out, the law is not clear on this.
IMO, it would have been a good thing to have sought for at least appearance sake, but my reading on this is that the larger public does not care about this matter.
They are fed up with government and want answers and solutions. Something like this is not on the majority mind.
Many want the Fahie government out, and the COI attorney being admitted to the BVI bar is the last thing on their minds if at all.
Spew for yourself. Fahie administration going no where.
Never mind his administration,where is he going?
It’s unfortunate that such distraction has emerged in addition to the spike in Covid cases. However, I doubt that it’s of material importance to undermining the COI procedures and findings.
Given the nature of the appointments made and purpose of the Inquiry, the relevance of being called to the bar appears to be insignificant…however, the opponents to the COI and their paid advisors may chose to lament given their perceived roles.
This recent action taken to be called to the BVI Bar in my view is indicative of something outside the COI since its apparent that preparation is underway for a complete British takeover.
our esteem speaker is once again vindicated. This is just wrong!!! that people who have committed a criminal offence are here tying to look for breach of laws.
This is shameful, we should no longer listen to the CoI a bunch of con men
Think back a bit.
Didnt willok do similar when he was the ESTEEMED PERMANENT SECRETARY?
I’M OLD NOW SO MAYBE I AM OFF THE ORDER PAPER, AS he would say.
So, Please forgive me. For you know just wat to do.
Why are you all so jealous of mr Willock? He is one of we he from here
Whether Rawat is practising bvi law or not….The commissioner is admitted and has some of the powers of a high court judge.
Crack on….(no pun intended).
White House just dumm.
The COI is necessary and is much needed to improve all areas of governance and major reform of our procedures in public service. The problem is the commission cannot commit the same violations that they came to the BVI to fix. No person is above the laws of the land not even the Governor, so his appointees cannot be above the law. No where in the law that governs the COI claim that laws can be broken in order to complete the COI. The law should be followed or amended to allow for appointees of a COI to work freely without need to be appointed to the BVI Bar. The COI knows this as well as they made sure that the other lawyers for government were appointed to the Bar.
YOU CANNOT BLAME 5HE CANARIES / THEY ARE GETTING $$$ FOR SPEWING SMOKE SCREEN EVEN IF THEY GOT THE MESSAGE, / ITS A JOB NOW
This is nonsense. The commissioner and his designee do not need to be admitted to the Bar in order to carry out the investigations. They could easily just be regular businessmen in the UK, appointed by UK government to conduct the investigation. The COI is not a court of law! Now for the next phase, if they intend to prosecute, we’ll then they would need legal qualifications but not at this phase.
Willock is that you.
This article is nothing but a sheer attempt to distract and undermine the COI’s investigation. Your bandwagon of distraction will not prevail!