HOA Speaker saved Fahie’s seat from being vacated — Fraser
Opposition Leader Julian Fraser has argued that he believes the First District seat would already have been vacated and a by-election triggered had it not been for the intervention of House Speaker Corine George-Massicote.
Instead, the incumbent First District Representative Andrew Fahie remains in office but is unable to serve his constituents. This is due to his confinement on bond at the home of his two daughters in Florida after he was indicted before a Miami court on charges of money laundering and drug smuggling earlier this year.
While speaking at a First District community meeting last night, Fraser told residents that as of October 25, Fahie missed three consecutive sittings of the House without leave from the Speaker.
“Considering no leave given and the summonses, dates and sittings were held as per the notice of May 6, this First District seat would have long been vacated,“ Fraser said.
He added: “Even as we are today, with the rescheduling and drawn-out sittings, were it not for the leave of the Speaker on two occasions, the seat would have fallen vacant as of the end of the sixth sitting on September 22.”
Fraser further noted that under normal circumstances, an election could already have taken place as early as July, but said there were no guarantees of this happening.
How Fahie’s seat could have be vacated
The Opposition Leader advised that, for the First District seat to be vacated under the current circumstances, officials would have had to seek guidance from three separate areas — the Virgin Islands Constitution Order, 2007; the House of Assembly Standing Orders; and the Elections Act, 2019.
According to sub-section 3(b) of Section 67 the Virgin Islands Constitution Order, an elected member of the House of Assembly shall also vacate his or her seat in the House if he or she is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the Standing Orders of the House.
He further noted that Section 84(2) of the Standing Orders of the House states: A member of the House shall vacate his seat if the member in any one session is absent from the House for more than three consecutive sittings, without the written leave of the Speaker.
According to the provisions of the Elections Act, particularly Section 24(a), a by-election shall be held to fill the vacancy on such date as the Governor shall appoint by proclamation published in the gazette within two months but not less than 21 days of the occurrence of the vacancy; unless the House of Assembly is sooner dissolved or will be under Section 84 of the Virgin Islands Constitution Order 2007 within four months of the occurrence of the vacancy.
Fraser’s opinions on the matter come just one day after former Deputy Premier Dr Kedrick Pickering argued that legislators never intended to remove Fahie once his seat became vacant.
From all appearances, a by-election is no longer likely to happen since this requires the aforementioned minimum four-month window stipulated in the Elections Act.
The upcoming House of Assembly sitting – which is yet to be convened – would have had to be completed before November 12 for the by-election to happen, Premier Dr Natalio Wheatley told reporters recently.
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FRASER FOR PREMIER
Fraser needs to go come on esteemed let’s go
Fraser for Premier !
Mr. Fraser it seems you need to have a meeting with Kedrick and explain these relevant provisions to him.
Pickering has his thoughts now Fraser has his thoughts but up to now the AG or nobody else can shed light on this situation so we are here in limbo listening to bush lawyers so to speak. Why aren’t Cindy and others who like to be loud, seeking proper clarity on this? So we are to just sit around and listen to these pretend smart people tout what they ‘think’ is the case, while we sit around without a f**king clue? No wonder the UK thinks we are all useless and cannot manage anything, honestly!!!!!
Wellsa
They are covering for Andrew, the House of Assembly is corrupt and proven to be pushing the exact narrative that is plagued over the BVI. Fahis’s seat should have already been vacated and by election should have called. we trust these people to run the country, no wonder we are in the mess.
Seat vacated based on what? Under what legal framework could his seat be vacated? He has NOT resigned which means he knows the law and what the protocol is. Everyone is talking but nothing happening so what does that mean? It means that there is no mechanism to remove him from office as he has not been convicted of anything only accused/charged.
Anyone with an ounce of conscience would have resigned his seat in this circumstance.
Yet where does that put the people who voted for him? Unrepresented and a stain over our head, imagine your Govt House and members planned this Corrupt act, you are so keen on defending someone who can’t defend his people of the district, how is that morally correct in a democratic society. Fraser explained his position and all just sat back and watched it continue… these the people that have us in this mess. The Governor and the UK is watching.
Tenure of seats of members of House of Assembly
67.—(1) Every elected member of the House of Assembly shall vacate his or her seat in the
House at the next dissolution of the House after his or her election.
(2) Notwithstanding that a member of the House of Assembly has vacated his or her seat by virtue of subsection (1), every such member shall be entitled to continue receiving the benefits and privileges of a member until the polling day for election for a new House of Assembly, provided that such benefits and privileges shall cease if the member fails to win a seat at the general election.
(3) An elected member of the House of Assembly shall also vacate his or her seat in the House—
(a) if he or she resigns it by writing under his or her hand addressed to the Speaker;
(b) if he or she is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the Standing Orders of the House;
(c) if he or she ceases to be qualified for election;
I thought he missed 3 sittings long ago. We did not know that after the grand announcement the speaker still granted leave. The AG and the Premier needs to clearly explain the situation to the country. You cannot have someone who was arrested and away from the country for so long being a legal member of the house.
If it is the AG,(who is also tasked with providing legal clarity to the HOA) you are waiting on for a response or clarification, don’t hold your breath.
Worst AG ever.
the real ones are out so more investigations please deeply NDP women and men
is finally revealing themselves / or coming to light , under the is rug full