Govt’s committee for Willock matter a usurpation of the court?
A strong suggestion has been made that the committee established to ultimately determine if taxpayers should pay Speaker Julian Willock’s court injunction fees is a ‘usurpation’ of the Supreme Court, which had already ruled that Willock should foot the bill himself.
This suggestion came from government legislator Shereen Flax-Charles who supported Opposition Leader Marlon Penn’s counter-motion to the Premier’s resolution to set up the committee.
“We must stand in the way of any usurpation of the jurisdiction of the courts in the attribution of liability in the matter of the Speaker’s liability to pay costs personally,” Flax-Charles urged the House of Assembly last evening.
“To do otherwise would be to enfeeble the law with untold consequences. The disregard of the jurisdiction of the court and the law is the first step towards anarchy,” she added.
The first-term legislator also referred to January 6, 2021, Capitol riot in the United States and drew a parallel with the local community.
“It is so disheartening that while we tout democracy and freedom of speech, there are persons that cannot and refuse to want you to have an opinion on any matter, unless it is in agreement with what they feel or think,” Flax-Charles argued.
She added: “That is not democracy, and we have to maintain democracy, the rule of law, and the jurisdiction of the court.”
She said persons are watching House members and expect them to have integrity and to make decisions with a clear conscience.
Counter-motion defeated
Despite her statements, the Opposition Leader’s counter-motion that the court’s decision should be left undisturbed was defeated.
Only Penn, Flax-Charles, and Opposition legislator Melvin ‘Mitch’ Turnbull voted for the counter-motion.
Five House members — Sharie Decastro, Premier Fahie, Dr Natalio Wheatley, Carvin Malone, and Kye Rymer — all voted against it while four others were absent.
In the end, the Premier’s motion to establish the committee successfully passed; receiving support from five legislators — Fahie, Malone, Rhymer, deCastro, and Dr Wheatley.
Penn and Turnbull voted against the initiative while five legislators, including Flax-Charles, were absent at the time of that vote.
Premier denies setting aside court decision
Premier Fahie has denied that the judge’s decision was being set aside, and said the House has the legal scope to indemnify the Speaker.
“I am not saying the House will do it or do it not, the law allows the House to do that,” he stated.
He said the committee simply seeks to conduct a fact-finding mission to determine whether the facilitating of the payment for Willock’s fees can be made or not.
Legislators Julian Fraser, Mark Vanterpool, and Vincent Wheatley are the three persons who will sit on the committee.
Editor’s Note:
In a constitutional democracy, power is divided so that the legislature (HOA) makes the laws, the executive authority (Cabinet) enforces and carries them out, and the judiciary (the courts) operates independently. No one branch can control all power in a democratic system. This is referred to as the Separation of Powers.— Caribbean Elections
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Listening to the debate yesterday there was some confusion. The Speaker has not been punished by the Jack Order or fined. He has to pay the other sides’ legal costs because the Speaker abandoned his claim, having realized it was hopeless.
It seems to me the debt is immediately due and payable. There is a court order that says so. The other sides can move to bankrupt the Speaker if he doesn’t pay. It’s an open and shut case. The Speaker will either pay up or he won’t. If he can’t pay his debt he can be made bankrupt and his possessions sold to pay the debt and any other creditors he may have. The time frame for doing this will be a few weeks, once the process starts. There is absolutely no argument that the Speaker owes the money there is a court order saying so, which he did not appeal.
It’s a debt not a fine. It can be enforced by the AG and by the Commissioner who are owed the money for their legal costs.
The whole reason for Foy looking to pay the Blonde Ba**on fees is because they know they have only a couple months left in office and he is helping out his twin. This is another attempt at misusing public funds but they don’t care. They know the COI is watching every move they make and again they don’t care. The don’t care cause they know they lost, know their guilty and know that prison is a real possibility. Once indicted they will have to pay their own legal bills. No more government funding. This is going to get interesting.
I too have been leaning towards your thoughts .
It’s funny that Vanterpool, Fraser and Wheatley are sitting on the committee. Based upon the COI, these three will be among the first indicted. Can anyone guess the findings of this committee? They have nothing to lose.
that they were judges
Willock and the Premier done know the outcome of the Committee going to be in favour of Willock!
Willock used to campaign for Frazer when Frazer was with VIP. So the vote going to be 2 in favour and 1 against.
Willock and the Premier done know the outcome of the Committee going to be in favour of Willock!
Willock used to campaign for Frazer when Frazer was with VIP. That mean the vote going to be 2 in favour and 1 against.
I can’t stress this enough that this enough, that what Andrew Fahie and all those weaklings for legislators have made a farce, a buffoonery of the justice system. Those legislators sitting on the fake committee are just caricatures of what leaders should be. Andrew Fahie is a b*&ly and a dictator and those who are following him are going to end up behind the eighth ball with him. Ms. Flax they might isolate you like they usually do when you’re not in agreement with their wrong doing, but stand your ground. There are more decent ethical and law abiding people in the Virgin Islands, than corrupted, unethical, thieves, liars and lawless people. So they are out numbered. Andrew said he is not worried about the next election but he should be. The people are neither blind or stupid as he might like to think. Hey, Andrew we are wide awake with eyes wide open and we are not stupid. What you are doing here to defend the indefensible is being noted and will not be forgotten. You will see when the time comes. Joy cometh in the morning for the Virgin Islands.
This matter is far from over, and the public is watching closing. Regardless of what committee is formed, the result should conclude: that the speaker should pay his legal fees.
I find it quite ironic and interesting that Mr. Vanterpool is on the committee to determine if the speaker is personally responsible for paying the court fine or taxpayers.
I say ironic because there is a history between these two men. As we would recall the speaker attempted to intercept Mr. Vanterpool’s swearing in to the current legislature, and that was the first instance of the speaker running up a legal tab at tax payers expense.
I would imagine Mr. Vanterpool would be fair to the speaker unlike how he treated him in the past, but boy if this was someone else, this was a good time to stick him.
People should be careful who they kick on their way climbing the ladder. When they have a misstep, those people that they kicked will be the ones that they meet on their way down.
Mr. Speaker…meet Mr. Vanterpool. You know him don’t you. Good luck.
Actually it don’t really matter. It’s a committee of 3 and the quorum is 2, so if mark says no and fraser and Vincent say yes it will still pass. Vanterpool has no real power there to be honest. He just a puppet. I hope he sees that unless there was a deal cut under the table….who knows.
Set of wickedness.
You speak as if the vote count is a forgone conclusion, and these 3 men will vote a particular way .
I have no idea how any of these men will vote, and neither do you unless you are aware of something the rest of us does not know.
I would hope that it will be a fair process and they will review the facts of the matter carefully and vote accordingly regardless of their political affiliation and history with each other.
Now it does matters in my view that the speaker is going to be judged in part by someone whom he went out of his way to prevent from being sworn in to the legislator.
It’s a teaching moment about life, and how things can turn on a dime according to ones actions. You never know in this life how things might turn out, and it’s imperative in my view to tread carefully as go about living.
He tried his best to prevent Mark from swearing in and also turned his back on Fraser by going on the podium and campaigning against him. He is always bad talking Vincent so let us all take a ringside seat and see how this plays out.
The public knows that V. Wheatley can’t go against the wishes of the premier and that Frazer is a friend of the esteemed. Considering all, we know that it’s a done deal. Legislations will pass a vote for taxpayers to pay. Are they spineless? Yes! We expect this. The question is, ‘How many persons are willing to fight against it and call for resignations if necessary?’
The chosen few do not demonstrate that they understand that they are accountable to the people of the VI. It’s time to take a stand against wasteful spending of our money. Enough!
Those that voted ‘Yay’ should be darn shame to the Courts and the People who voted for Them. These Legislatures appears to be afraid of the Premier. What a BUNCH of Ludicrousness if such a WORD.
This. as is Andrew’s granted COI’s wish,fodder for a clearer avenue for the UK final decision. Divine intervention.
It is all for the VI better good and timing is perfect.
Respect for law, yes.
Outsting of unfit politicians, yes.
Increase colonialism,no,no, no, hell no!!
He tried his best to prevent Mark from swearing in and also turned his back on Fraser by going on the podium and campaigning against him. He is always bad talking Vincent so let us all take a ringside seat and see how this plays out.
That picture of Willock looking over Fahie’s shoulder is so fitting. Its reflects who the real boss is. Why is the Govt dead set on sacrificing whatever little popularity it has on proceeding with this course? Willock is not even an elected member of the house so it can’t be said they have a mandate for doing what they are doing. It makes no sense.
The young people will NEVER EVER respect authority when these are the examples we are setting. We let this slide and then what? People are charged with murder, sentenced and then a Premier can bring a motion in the house to ‘look at it’?? The Court already made a decision and now we are going to play these foolish games with taxpayer money.
Why is this up for debate, it was court ruled, the goverment is not above the law!
Look a joke! Julian need Julian now/again.
If this Government decides to undermine the authority of the Court (and rule of law) in this Territory, the UK might well be justified in revoking their appointments. They are clearly unfit for public office and are playing right into the hands of their ‘oppressors’. We can see more clearly now why they fight so hard to get rid of UK oversight and checks and balances. Tax payers should also bring a class-action lawsuit against them so every future government will get the message that we will not stand by timidly while our rights are trampled on. Every cloud has a silver lining.
They are playing into the hands of the COI. Seems as if they are driven and force. The devil is in control.
I see it as the forces of the Universe arranging and rearranging for the betterment of the VI. This timely displayed madness will solidify doubts about the ability of members of the current Gov to be in control.
What is worse than defying The Court.
This was a desperate attempt to forestall the proceedings of the COI on a technicality because too much truth was being revealed to the people. If the infraction was so serious the AG or DPP would have been compelled to act by advising the Government not to participate in the COI proceedings, or making legal filings themselves. The people of the BVI can see through this charade as an attempt to keep us in the dark, hence the level of outrage throughout the community that we are now being asked to foot the bill.
Keep on reading that members of the House are absent for votes. How many days of the year these people actually need to show up? And they want to increase pay they need to have their pay reduced, why not put them at hourly minimum wage? Not even standing up for the people who voted them in when it comes to a matter circumventing a decision of the court of law. We the people do already know the outcome of this charade.
Can the court hold the legislators in comtempt?.
Ok. Hon Flax-Charles, cross the floor, no party(or make up something). Hon. Turnbull and Hon Flax-Charles, join the Committee, vote with Hon Vanterpool and let’s move on. Fahie winning these little battles (or so he thinks) but he is losing the war, BIG TIME!
None of these ppl should be called honorable. They are nothing but g**gsters and t**gs. Definitely not voting for these ppl come election time