Judge-only trials a controversial recommendation — Premier
A proposal to allow judge-only trials in the Virgin Islands has become one of the most controversial recommendations stemming from the Commission of Inquiry (COI), Premier Dr Natalio Wheatley admitted recently.
Speaking on the completion of government reforms linked to the COI report, Dr Wheatley acknowledged that judge-only trials remain one of the two recommendations that cannot be implemented locally without external action.
“Let me first of all say, it’s a controversial recommendation, but it is a recommendation that has been conversed about even beyond this conversation,” Dr Wheatley stated.
He referred to former Chief Justice Janice Pereira, now a member of the Privy Council, who has spoken in support of offering juryless trials as an option.
Currently, the BVI Constitution guarantees citizens the right to trial by jury. Dr Wheatley said this right could only be altered through a constitutional amendment.
“The Constitutional Review Commission looked at that particular recommendation and I believe made a very useful suggestion… where persons can choose… to have a jury-less trial, but that’s by their own choice,” he explained.
The Premier said the government plans to hold public meetings after debating the Commission’s report in the House of Assembly. These meetings aim to ensure transparency in the process leading up to potential constitutional changes.
“We will have to have negotiations with the United Kingdom government about constitutional change,” he noted. “It’s time for us to have an overarching look at our constitution… as we seek to achieve our ultimate goal, which is self-governance.”
The idea of judge-only trials emerged from the broader COI governance reform process, which spanned over three years. The controversial recommendation is one of the last items remaining, alongside a reform to the criminal procedure rules, which is the responsibility of the Eastern Caribbean Supreme Court.
All 48 other COI recommendations have been implemented, the Premier said, and a self-assessment report has been sent to the UK government for consideration.
“This whole entire process has been a process that we have fought very hard to keep democratic,” Premier Wheatley argued. “We are 100% committed to ongoing reforms as doing so strengthens our self-government mandate in our constitution.”
The Premier also confirmed that the House of Assembly will debate the Constitutional Review Commission’s report sometime in June. The outcome of this debate and subsequent talks with the UK will determine the future of contentious reforms, such as judge-only trials.
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Self Governance really is the only goal of p487. Whether we want it or not.
It clouds and shapes every decision he makes but he has not asked the people what they want.
Maybe his own personal goals are doing the people of the VI harm.
if these jokers go independent i am leaving the bvi
That may increase convictions especially in instances where the suspect is guilty as sin and the jury afraid to convict the suspect because he or she is a cousin
You’ll have to vet the judge’s & family for sudden unexplained wealth throughout and after their time in office. Pay them well to keep them honest.
They will be bought and sold
This idea is counter productive to advancement of democracy and free people. A jury of your peers is built on the premise that ones community should advance on the premise that governance is the responsibility of the people by the people including deciding whether a person deserves to be convicted of a crime. More direct democracy is what is needed not less in this day and age. Lets get more educated and civilized.
So, I reckon that by your logic, the fat man sitting in a cold prison cell in Georgia did not receive a fair trial?
Or maybe he should be tried again by a jury of his peers when he eventually returns here, since most of the crimes he was convicted for were committed on home soil. Fat chance he would ever get convicted by a jury of his peers.(no pun intended)
I agree with you…very counterproductive but some of the jurors have no idea about the justice system because they either work in the Government service or in the private sector; and cannot make certain determinations in a murder case only what they believe however this is giving medieval England with judges and no jurors an abuse to democracy.
Did you guys even read the f**king article?
“The Constitutional Review Commission looked at that particular recommendation and I believe made a very useful suggestion… where persons can choose… to have a jury-less trial, but that’s by their own choice,” he explained.
The Judge only trial is an OPTION at the sole discretion of the defendant that’s on trial. It’s no wonder the place is the way it is, all emotions and zero sense!
The jury system has serious flaws. Most jurors aren’t trained in law or familiar with legal procedures, yet they’re expected to decide complex cases. This can lead to decisions based more on emotion or misunderstanding than facts. The jury should consist of professionals on the subject matter. Experts should be used especially for technical and high stake cases. It’s time we rethink how justice is served. The old system is flawed and outdated.
If it is a particularly heinous crime that would tend to stir up strong emotions, the thinking is that the judge can set aside the emotional component more than a jury, and let only the facts be determinative of the verdict. Where persons can choose to have a jury-less trial as per the Constitutional Review Commission’s suggestion that is on that person. In earnest, I do not know if there is an absolute answer to this Judge only trials suggestion or recommendation.
how one idiot or wilful detractor puts his or her spin on a story and all the other bloggers follow that train of thought oblivious to the subject matter. Judge only trials in the US have two million African Americans behind bars and in a revolving door situation where they are in effect sentenced for life. BVI wake up.
The woke culture of blaming others for a communities shortcomings is sad , why not admit the problems and let’s strive to improve our relationship we authority .
happen constantly in the BVI: Magistrate’s Court, Civil High Court, Commercial Court, etc. So now Criminal High Court in the BVI. If a defendant wants a jury trial then the jury members should be chosen from Anguilla or Montserrat NOT the BVI! Additionally the defendant must pay ALL the costs of a jury trial regardless of the final verdict.