Gov’t defies COI’s costly file-request protocol in heated exchange
The BVI’s ongoing Commission of Inquiry (COI) has been told in no uncertain terms that the government’s Internal Response Unit (IRU) will not comply with some of its protocols regarding document requests.
Currently, the Commission’s protocols require that entities submit five hard copies of every document the COI requests from them.
But attorney-at-law Sarah-Jane Knock — acting on behalf of the Attorney General who is representing the government — told Commissioner Sir Gary Hickinbottom that this will put a strain on the government’s coffers.
She said the government made this position clear many times on previous occasions.
Earlier, a heated exchange erupted after Sir Gary asked Knock to explain why documents coming from the IRU continued to be sent in disarray, despite the COI’s established protocols specifying how files should be sent.
As Knock began to speak, Sir Gary repeatedly attempted to interrupt her to have her directly answer his question. But Knock insisted that her response needed to be put in the proper context.
“Now, Mr Commissioner, please afford me the respect and allow me to finish because a lot, a lot has been said about the IRUs failings to provide disclosure and I would like to have the courtesy of addressing at the Commission without being interrupted by you, sir. So I will start,” she stated.
“Neither the Attorney General’s Chambers nor Withers BVI (who also represents government in the COI) have the capacity in terms of time, personnel, or equipment to deal with producing copies of [legal] bundles,” Knock said.
Knock told the COI that given the vast number of affidavits that have been sought by the COI, a commercial photocopying outlet would charge US$14,000 to get the job done.
COI website says UK will bear core cost
She argued that once the COI commits to paying for the cost of producing the physical copies, only then would the IRU be willing to comply, as neither the AG’s office or Withers LLP – a government subcontracted legal firm – were willing to pay the costs for the copies.
She reminded Sir Gary that the COI’s website said the UK government would bear the core cost of the commission.
Knock questioned the need for having physical copies of the documents in the first instance and urged the COI to conform to modern practice in the BVI. She argued that legal practitioners have been accustomed to using digital copies in matters before the courts for several years now.
Sir Gary insisted, however, that the protocols were meant to be complied with by all of the COI’s participants.
Government staff, IRU under-resourced in COVID surge
Knock told the Commission that the AG’s office was under-resourced and matters were made worse by the current COVID-19 surge in the territory.
She said this has meant that many government offices are now closed and staff members have been forced to work remotely — denying them access to copy the documents requested.
She also expressed security concerns about what will be done with the various copies of the documents requested by the COI once they have finished using them. Knock said the question has gone unanswered for some time.
Sir Gary said the COI had a great tracking system in place to monitor the security of documents and told Knock that even though the BVI courts are electronic, most of the COI’s witnesses have asked for hard copy documents.
Added to this fact, he said the COI sometimes has more than one witness at a time.
He requested that further instructions be taken from the AG’s Office on how the government intended to approach the matter along with others that arose during the hearing.
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The BVI government can’t afford photo copying but can afford to give phantom fishermen and imaginary farmers millions and can give grants to politicians to pay their office rent.
They look more ridiculous with every day that passes.
Not to mention the millions being paid to the Withers team of lawyers.
I thought that the Withers lawyer did a reasonably good job of standing her ground, and of not being bullied by the Commissioner and his lacky (who seem to rehearse their lines before they come into the hearing).
Hello Sarah-Jane. You are indeed a formidable lady in real life as well as on screen. Shame you are on the wrong side really , though I realize that like all lawyers you are on the side of whoever is paying.
I have to say I am impressed by Rawat and his swivel chaired attack dog command of his massive brief. Formidable. And his face in the hands dismissal of bs is very funny.
Best remark of the exchange was when he said that Knock had “ generated a lot of heat but not much light “
The oldies are the besties.
I like that phrase too….generate alot of heat but not much light…..lololololol
And his face in the hand is classic
They can pay a QC from London and an outside law firm to ride shotgun with the AG’s chambers, but they can’t afford the photocopying?!?
“Neither the Attorney General’s Chambers nor Withers BVI (who also represents government in the COI) have the capacity in terms of time, personnel, or equipment to deal with producing copies of bundles.”
That sounds pretty shameful.
$14k is a tiny fraction of the legal bill. This is just petty point scoring.
From the COI website:
“If individuals or organisations choose to appoint their own legal counsel, the UK Government will not pay the fees associated with that counsel.”
yes the UK Government will not pay it but our Government is taking it out of the BVI coffers like it is their own piggy bank
What a vile w¡+ch
These statements are uncalled for and I guess that the issue of understaffing does not mean anything to you. If you have never worked in a law firm I suggest you do not speak on the matter. Making bundles is a task that requires time and a hands-on deck. If the UK stated that they would pay then what is the issue with the UK paying. They need to stick to what they stated they would do.
You must be one of the w¡+ch’s friend or even the w¡+ch her$elf. There’s no need to make an @$$ out of yourself because you practice law. Some of “you” are too entitled
But the UK never said it would pay.
Btw, the best lawyering of the week was , very surprisingly, by Doc Smith , who pointed out in his quiet way that the the act pertaining to belongership said “ at least “ ten years and not ten years simplus thus blowing most of Rawats follow ups out of the water and destroying the Auditor Generals assertions that there was a disconnect between law and policy. In fact those two important words meant that there wasn’t. And Auditor Generals are not infallible and their suggestions are not always meritorious per se.
Whatever you may think of the lady and what she says, there’s no ned to be rude. Not because she’s female, just because she’s a person. It undermines your argument.
Well said. I certainly do not support her argument but our society needs to get to the stage that women are not vilified merely for demonstrating strength. She’s just doing the best job she can for her client. The tone is completely different for critique of men.
You missed my point. Nobody is being being rude to her because she is female. They are being rude because she says something with which they disagree.
Male/female makes no difference.
OFFERED A NAVY SHIP AT OUR DISPOSAL TO CONTROL THE BORDER FOR (FREE ) AND THE BOSS SAID WE DONT NEED IT WE GOT $$$$$$$$ SO WE ARE GOING TO HIRE (BARGES ) SHE MUST OF GOT A KNOCK ON HER HEAD OR HALLUCINATING, ?
No, just a spoiled entitled me@n b_@%#
ohright- and the $5m+ of taxpayer money spent to defend officials in a corruption INQUIRY (not trial) is disposeable to the people while photocopying is not? SMH
Knock was rude and out of place, I think she believed she and the Commissioner were on the same level. If they keep this up the UK will move in for sure quicker if they can’t get the assistance they need. She does remind me of a witch.
Next week is going to be interesting.
That why some of y’all paralyzed with fear.
Every little thing you fraid to stand up for yourself because you fraud the master will crack the whip. Slavery done. Wake up. You should change your handle from PT9 to PTSD.
Sir Gary muttered that he wished he had judges powers. Probably wanted to hold her in contempt and throw her into chokey. Highly amusing all round.
And bye the way Esteemed one , you address him as Sir Gary and not Sir Hickinbottom.
Consider this a wigging.
Maybe they should have been represented by a bigger law firm?
BVI
BRITISH Virgin Islands
They are coming back thanks to our corrupt gove
Thank you Attorney General! Knock’s performance reflected poorly on you because she represents you. We the people do not accept that performance because it was uncalled for and unnecessary. You agreed to the protocols and you are now trying to change them in the middle of the hearings. Knock spoke about confidentiality being an issue yet you Attorney General cannot respond to the Commissioner to indicate who at your office received the documents that were leaked, and this is after Knock so eloquently said that every documented is carefully indexed by IRU and indicates exactly who they are sent to. How ludicrous. We the people would like you to provide the paper bundles please. At the end of the day, it is our money paying you, Withers and for the bundles, and guess what…the bundles are the most inexpensive of all 3!
My parrot knows who leaked the document.
But of course.
Don’t kill me Corona will get the credit.
Intentional obstruction to the investigation and so handing the country over to the UK.
I know the COI has a process of proper due diligence, but can we just have the UK government take over now?
🙂
I am inclined to believe that MsKnock is one or all of the following;
1. A Karen with the intent of saboteur
3. WigLox sister, an “angry Black woman”
Unfortunately, the AG is the antithesis of what this disgraced non rep purported to represent but the impression left is unfortunate.
I did enjoy hearing Atty Rawat’s barbs..low keyed,polite,targeted and succint.
Love your comment!
@@pt9, You are just a stupid person can’t see any further than your elbow, you sound like a real Jack A$$, time will tell.
She ,in my opinion,was a bundle of fear,jnsecurity and instability.
Unless ofcourse, it is her intent to sink the VI.That would be in her best interest as a UK citizen.
what rubbish! like every expat here, the success of the BVI is in their best interests. BVI folk, of all people, should know that the people are not the same as the government of a place.
EXCUSES AND MORE EXCUSES THESE LOCALS COI DONT MIND THEM MAKE SURE YOU DO A DEEP INVESTIGATIONS SPECIALLY WHEN THE NDP WAS THERE FOR 8 YEARS! DOING NOTHIN JUST CORRUTING THE ISLAND AND WITHOUT EXCEPTIONS ALL! DO NOT TRUST THEM EXCUSES THEY WANT TO KEEP THE TRUTH UNDER THE GROUND!