BVI News

Former police prosecutor says COI was deceptive and illegal

The man who led the COI,  Sir Gary Hickinbottom.

Former police prosecutor Jefferson J. Knight aka ‘Knight Rider’ has labelled the 2021 Commission Of Inquiry (COI) as deceptive, misleading, and illegal.

The COI was ordered by former Governor Augustus Jaspert and commenced in 2021, and sought to investigate whether there were instances of corruption and abuse within successive BVI administrations.

Speaking on the Tola Radio’s Morning Braff talk show recently, Knight said the results of the COI should not be allowed to stand in the BVI because Commissioner Sir Gary Hickinbottom was appointed as an inquirer and not a criminal investigator.

“If Governor Jaspert had identified that there was systematic corruption in governance — our elected officials and public officers, then he should have appointed a criminal investigator. But he didn’t do that. He used a COI. Sir Gary wasn’t a criminal investigator under section 21 of the Police Act,” Knight argued.

Host Floyed ‘Heritage’ Burnett then asked: “So why do you think they operated in such trickery or on grounds where they probably were not supposed to?”

In response, Knight said he simply believes the COI was constitutionally wrong.

“It is my view that this (COI) was a setup. That’s what I have to call it. People may not have the legal capacity to see the direction I’m taking. Why would you appoint a COI to do an inquiry and then wait for its recommendations to investigate the citizens for criminal offences? Why didn’t you just appoint the Commissioner of Police and police officers to go and do investigations?’ Knight questioned.

He also criticized the recommendations made by the COI, which to many in the public has been a proverbial rope around the necks of elected leaders. Knight said Sir Gary had no authority to recommend the suspension of the BVI constitution.

“In my view, that is trickery, deception and misleading information from the COI Commissioner. The BVI constitution was ordered by Her Majesty The Queen. The only way the Constitution can be suspended or amended must be done by the person who had ordered it in the first place,” Knight posited.

Since the release of the damning COI report, the BVI government has been busy making changes to prevent the UK from invoking an Order in Council that threatens to take power away from elected officials.

Elected leaders continue to complain that the COI conclusions and Order in Council aren’t fair but they also maintain that recommended measures will help to improve the governance and democracy in the BVI.

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26 Comments

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  1. Social Commentator says:

    let’s listen to a guy called Knight Rider for legal advice..he’s not even from here!

    Like 29
    Dislike 9
    • Truth says:

      It does not matter that Knight Rider isn’t from here, he is correct. None of the COI recommendations or the COI process itself will make anything in the BVI better. The process cost us $20 mil initially with much more to come with the recommendations. If there were criminal acts, the Police and DPP should’ve been involved as usual. Even if they needed more personnel from the UK to assist, they could’ve done that. The COI recommendations are doing much more harm than good in the BVI. In most people’s eyes the UK can do no wrong and this is the problem. Imagine one of the biggest socialist countries telling the BVI that they are corrupt for helping its citizens.

      Like 6
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      • Huh says:

        Which citizens are being helped exactly? Oh right…the 13 in the HOA and their various family members/assorted hangers-on.

        No one is saying the UK does no wrong. But at least they have functioning roads and you can broadly tell where the majority of the money goes.

        Like 7
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    • @Social commentator says:

      I highly doubt you are from the BVI. You are likely one of those planted to cause division and distract others from the truth. Never was and still is not a fan of Knight but there is truth in what he is saying.

      Like 5
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    • Guy Hill says:

      Where you are from has nothing to do with wrong and/or right.

  2. Knight Rider-DOB 18/04/68 says:

    God is watching us. The Lord be with you, and with your spirit.

    Dear BVI News.

    I received a telephone call from a BVI-Lander, about this published news: I hope that the intelligent people and educated people of the BVI, will focus on the expression in the BVI Constitution, and apply, COI recommendation A1, to the preamble, from [“we the people of the BVI”] in the BVI Constitution, as we had expressed our wishes to Her Majesty, the Queen, and form their own legal opinion.

    My legal opinions, are that, recommendation A1, are-

    Misleading,
    Trickery,
    Deceptive,

    Recommendation A1, had and has an [INTEND] to cause civil unrest in the BVI and for the citizens, to develop hatred towards our elected officials and public officers:

    We saw many BVI-Landers, protesting outside the Governor’s office, saying: “No Direct UK Rule”![??]

    Who ordered the BVI Constitution?

    At the Court, at Buckingham Palace, the 13th day of June,2007:Present,The Queen’s Most Excellent Majesty in Council: Her Majesty, in exercise of the powers conferred on Her by the West Indies Act 1962(a) and of all other powers enabling Her to do so, is pleased by and with the advice of Her Privy Council, to ORDER and it is ORDERED, as follows:-[Citation, commencement and establishment of Constitution].” This ORDER, may be cited as the Virgin Islands Constitution Order,2007″.

    We the people of the BVI, in March/April,2007,sent a constitutional commission to Buckingham Palace-UK, headed by our Chief Minister, the Rt. Hon. Sir.Dr.D.Orlando Smith-[Chief Minister of the BVI], and together with the UK negotiating team, the [framers of the Constitution] presented a draft-constitution, to Her Majesty, [through the Privy Council].

    For the [very] first time, in the new-[2007]-Constitution, there is a Chapter:Chapter-2 in the BVI Constitution, for the protection of Fundamental [human] Rights and Freedoms, as an [entitlement] of the people of the BVI, and a section in the BVI Constitution, for the [enforcement] in the High Court of Justice, of the Eastern Caribbean Supreme Court, of fundamental rights and freedoms of the citizens.

    Sir Gary Hickinbottom, from under section 7 of the COI Act, 1880, Chapter 237 of the laws of the BVI-[a statutory law], had no power and no authority, in the COI, to [recommend in recommendation A1] that there shall be a [temporary and partial suspension of the BVI Constitution]-[???]

    Sir Gary Hickinbottom, wrote: “I recommend partial suspension of the Constitution, by the dissolution of the House of Assembly, the cessation of ministerial government and necessary consequential suspension of provisions of the Constitution, for an initial period of two years. During that period [of two years], I recommend [DIRECT] rule by the [GOVERNOR] with such assistance as [HE] considers appropriate, e.g. an [Advisory Council] to advise [HIM] on the formation of policy and exercise of [HIS] functions”-[??????]. End of quote

    The Governor, in May,2022,proceeded,to appoint, an UNCONSTITUTIONAL- [UNITY GOVERMENT] outside of the provisions of section 52(a) of the BVI Constitution, because, notwithstanding, that Hon Vincent Wheatley and Hon Carvin Malone, had been [ousted as Ministers], the VIP-led government, still had the [MAJORITY] in the House of Assembly, to remain as the Government, as required by section 52(a) of the BVI Constitution!!

    The [Unity Government] appointed by the Governor in May,2022,was [UNCONSTITIONAL] and in breach of section 52(a) of the BVI Constitution.

    Judicial-Note: Sir Gary Hickinbottom, in his cover-note to the Governor, dated 4th April,2022,said that:-he was appointed as the sole Commissioner of the COI, by Governor Augustus Jaspert, under section 2 of the COI Act,1880 Cap 237,to [INQUIRY] into whether there was information that [CORRUPTION],abuse of office or other serious dishonesty in relation to officials, whether statutory, elected or public, may have taken place in recent years; if there were such information, to consider the conditions which allowed such conduct to take place and whether they still exist, and, if appropriate, to make independent recommendations with a view to improving the standards of governance and the operation of the agencies of law enforcement and justice in the Territory”.

    Corruption and abuse of office, are [criminal offences] identified, in the Criminal Code, of the criminal justice system!

    But Governor-Jaspert, failed to appoint,[police officers] criminal investigators, to investigate, the alleged, criminal offences of corruption and abuse of office?????

    The BVI Constitution, was, and is properly STRUCTURED, as ORDERED by Her Majesty!!

    Sir Gary Hickinbottom, was not-appointed, to [review the BVI Constitution] and to INQUIRY, whether or not, elected officials, etc, had too much power and authority, which led to the [“corrupt practices”]????

    Therefore, recommendation A1, was a [FAKE] and is a [FAKE]!!!

    Go in PEACE, and serve God and serve each other. I am a private citizen, with no power and no authority under the BVI Constitution, but I have freedom of speech, as a fundamental human right and freedom, guaranteed in the BVI Constitution.

    Safe journey and good l
    luck, in the name of the Father and of the Son and of the Holy Spirit: Amen!

    One Love..

    Like 4
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    • @KnightRider says:

      Good luck to you if you think that you found something significant that was missed by Her Majesty’s government legal team. If you truly are a champion for due process then why not campaign for a public vote on whether or not to allow the CoI’s recommendations or not? From what I hear most people support it, those who do not tend to be those who benefited from the mismanagement and poor governance that has kept this island on its knees for far too long.

      Like 4
      Dislike 1
  3. Gary says:

    Sir Gary Hickinbottom not from here.He mislead us.
    The Governor from here,he mislead us.
    COP Mark Collins not from here,he mislead us.
    Knight is a belonger,who served the BVI people for over 20 years.He was injured in the line of duty,while serving a citizen on bvi soil.
    Blogg on the topic of slavery in the BVI.

    Like 5
    Dislike 15
  4. WTF says:

    1) As we have been told over and over (and over) again; it’s an inquiry, not a prosecution. In fact, nothing that came out of it is admissible in a court.

    2) The Commissioner can make whatever recommendations he wants. The only place where legality comes into the equation is for the parties enacting recommendations (if they were illegal).

    This “former prosecutor” is starting to make the sitting DPP look good.

    Like 11
    Dislike 1
  5. YES TO UK says:

    Knight Rider who asked for your opinion? Andrew Fahie asked for a COI and that’s what he got most of the people of the British Virgin Islands welcome it because for too long we have been robed. All of you people who say it was wrong you don’t live in the BVI and don’t know what the people put up with for years, so take comments somewhere else.

    Like 21
    Dislike 2
    • @Yes to Uk says:

      That’s right. Dru called it long time but maybe it wasn’t called because a different government won but when that different government got in it did worse than the one before. So we shouldn’t blame the governor at all. If something isn’t done wrong then there’ll be nothing wrong or suspected wrong to investigate.

  6. Usual nonsense says:

    This is just nonsense being spoken. The COI identified possible criminal matters that were then passed to the formal criminal investigators of the RVIPF. That is how it’s supposed to operate when a COI is called.

    Like 14
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  7. hmm says:

    When you see people chatting fart like this they either looking attention or looking to see what they can get if the right people hear them singing the right song. Probably scooping a consultancy contract. FOH the COI was needed! It show everybody how poorly public funds are handled in BVI. Its either corruption or gross incompetence pick one!

    Like 10
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  8. ... says:

    He is right on track.

    As for not being an police & investigator mr bottom had the freedom to pick & choose which wrongs and who’s wrong to bring into the spot light. No inquiry into police & security which is under the UK governors.

    Like 1
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  9. Too ambitious.. says:

    That is just his ambitious side. Not the real truth. Just his side..

    Like 7
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  10. Knight Rider says:

    My BVI people: Read recommendation A1 and A2 and then read, the first page of the BVI Constitution, and then, read the preamble of the BVI Constitution, then give your legal opinion and views on the topic.

    This is not about me, as an ordinary citizen.

    Yes, there are evil people in this world, who may want to destroy me, for my service to Her Majesty the Queen and to the people of the BVI.
    No problem:

    Jesus was crucified, and he rose again from the dead.

    I survived, many shooting incident and I am still alive.

    I am now retired.

    I have no power and authority, to control the citizens.

    The COI was a [FAKE]!

    The same elected public officials, that the COI identified as [CORRUPT] they are back in the Parliament, after the 2023 general election???

    The COI recommendations, are a set of FAKE!!

    No elected official will be prosecuted in a court of law, under the criminal justice system, under COI recommendations.

    The COI recommendations, are FAKES!!

    Like 1
    Dislike 5
  11. Knight Rider. says:

    All or most of our elected public officials and public officers, did wrong at some level in governance and in public office.
    The COI exposed them: But the COI did not recommend, that they be disciplined for the many breaches etc..
    Instead, the COI is recommending that criminal investigations be conducted, which will eventually lead to a criminal prosecution?
    Under fundamental human rights and freedoms-[safe guard of justice] in the BVI Constitution in section 15 and 16 of the BVI Constitution, that would be prejudicial to the accused, for a jury-trial.
    All these personal bloggs about me, is not going to take away, my God blessed knowledge and understanding of the criminal justice system.
    No one will be successfully prosecuted, in a court of law, after the evidence was exposed in a COI.
    Section 16 of the COI Act, expressed that, the testimony of a witness in a COI, is [not admissible] in a future criminal prosecution.
    Clearly, the COI recommendations, to investigate the citizens, are [MALICIOUS]!
    They were investigated in the COI.
    Discipline them and ban them from politics etc.
    But the Governor did not discipline them, but now want to investigate them for alleged criminal offences??!Absolute none sense..
    God loves us. One love..

    Like 5
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  12. [FAKE]Police Prosecutor says:

    Take a hike

    Like 4
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  13. Resident says:

    More rubbish from the ill informed.

  14. lol says:

    Headline should read “unhinged former cop babbles some more”

    Like 3
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  15. LOOKS LIKE says:

    blondie found a holy friend to join him / one is a half breed tolian and the other an island man / as long as both parents are not from here / ( YOU ARE NOT COUNTED ) so if you you two canaries wants to sing, go right ahead it’s christmas jingle ya’ll bells • one is * knighted and the other an esteemed egomaniac * / thats waNNabe combination , ya’ll leave out * Rudolph * ( cSc ) the consultant / we are positively sure ya’ll needs his consultations on cleansing of the mind and his teaching of the art of moonwalking , just in case there is a FRIG

    Like 2
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  16. Smuckers smuck says:

    Knight Rider was cancelled back in 1989. This guy should take a hint

  17. Knight Rider says:

    Dude used to scare me going school.. something ain’t right.

  18. Accountant says:

    Knight go siddon and enjoy your early retirement

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