Penn moves counter-motion to Premier’s effort to absolve Speaker
Opposition Leader Marlon Penn has proposed a counter-motion to the government’s motion to form a committee to determine what permission Speaker Julian Willock received when he filed a court injunction against attorneys with the Commission of Inquiry (COI), and whether this legal action was warranted.
After hours of debate today and yesterday, Penn rose on a point of privilege and said he was compelled to bring a further amendment to the resolution brought by Premier Andrew Fahie.
Penn said the matter being debated went through the courts and was properly adjudicated, yet the House of Assembly was attempting to overturn the court’s decision through its motion.
“We are lawmakers. Lawmakers have a responsibility to make laws,” Penn said. “We can’t make, enforce, and adjudicate the same laws which we make and I’m concerned on behalf of the people of this territory, on behalf of this institution of the House of Assembly, that we’re going down a very dangerous and slippery slope.”
What Penn’s resolution says
The Opposition Leader’s counter-motion reads as follows:
Whereas the House of Assembly of the Virgin Islands is constituted by the Virgin Islands Constitution Order of 2007 to make decisions for the peace, order, and good governance of the people of this territory;
and whereas the House of Assembly recognises the three branches of government and the independence and functions of each branch;
whereas the House of Assembly respects the judiciary as an independent branch of government and is committed to ensuring that it maintains its independence in this territory;
whereas the judiciary of the Virgin Islands has made a decision that the Honourable Speaker shall pay the cost incurred personally in an application for an injunction brought by the Honourable Speaker without the consent of the House of Assembly, the Attorney General, and the Minister of Finance;
whereas the court found that no public purpose has been gained by the application of the Honourable Speaker and he has acted unreasonably in bringing the proceedings;
whereas the Honourable Speaker has been given the opportunity to prove by way of affidavit evidence that his actions were in the public interest and the court having considered his arguments on their merits, dismissed the same;
whereas it is without doubt that the Honourable Speaker was afforded due process in the courts of the Virgin Islands which are charged with giving due process to its citizens;
whereas the costs awarded against the Honourable Speaker is a personal bill for which he is liable and should not be charged to the consolidated fund — the people’s purse;
whereas the House of Assembly is committed to ensuring that the rule of law is observed in the Virgin Islands and that every man, woman and child respects the court and its decisions;
whereas the public outcry and discontent at the prospect of paying the Honourable Speaker’s private bill is clear and the House of Assembly represents and respects the will of the people of this territory;
therefore, be it resolved the decision of Justice Jack in the matter of the ‘Honourable Speaker Julian Willock v the Rt Honourable Sir Gary Hickinbottom and others’ delivered on the 13th September 2021 shall stand undisturbed by this Honourable House.
Penn’s motion was seconded by Opposition legislator, Melvin ‘Mitch’ Turnbull and is now being debated.
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Not a big fan but I salute you. Keep the pressure on. Here is your opportunity to show the people that you are a leader. Rise to the occasion and cease the moment. You owe it to the citizens and residents of the VI.
Make his a** pay for his foolishness willock think he is above the law
Good on you Hon.Penn. Block that sh** yes!
That’s the resolution missing from the other side.
One issue with Penn’s resolution, the Speaker may NOT have received consent of the House of Assembly or the Attorney General, but may have received same from the Minister of Finance
Hon Fahie will do? Give him a whopping increment….
Given the current predicament and the probable outcome that the House committee will recommend that the Government pay the bill, CAN A PRIVATE CITIZEN SUE THE HOUSE AND MINISTER OF FINANCE TO PREVENT THE ACTION WHILST THE GOVERNMENT WILL PAY ALL THE COURT AND LEGAL FEES ASSOCIATED?
Whenever I see Fahie, the Speaker and these VIP members on the Street. I will make sure I walk the other side of the street, stay far from them…Their actions will Isolate them from society for life..They have created a life time of hate by majority of the bvi people towards them…All the Criminals in Balsun Ghut need to be set free…This Government are the real criminals..
Andrew Fahie is stating he is not for the people but rather for a specific people here in the BVI
I believe this because of his Actions. He is clearly showing he doesn’t give two cents what the People think or needs but what his chosen few favors. I cry for the BVI. Worst Premier EVER!!!
The UK lawyers came here and break our laws by practicing law illegally which is a criminal act and you all applauded them but condemning willock for trying to stop them . My people make me sick with shame as we still have the slavery mentality where the white man is always right.
Nobody is defending the lawyers but who the h**l is the Speaker to file the injunction? He know beforehand it was the AG or DPP job to deal with the matter of whether they were practicing illegally or not. The issue here isnt about their practice but rather protocol blatantly not followed and costing over 100k while schools are in shambles.
And on top of that. The court ruled that the Speaker must pay the court fees (This is after giving him the opportunity to show that he was acting on the behalf of the HOA). The HOA should not tamper with a court’s ruling. Let the Speaker appeal to a higher court if he wants. The HOA shouldn’t be allowed to do this. It’s a dangerous precedence.
That was “breaking news”, now we got “Fresh News”. By Hook or by crock, that crock is off the hook.
Hon Penn you have tried, you have fought a good fight, them with the evil intent has more power than you do,,, Be proud of yourself, we are proud of you…Their victory is short time, God dont like ugly…
But wait; where is Fraczer’s voice in this mess? Why is he so silent on this issue? Weakest opposition ever with D4 and D3 reps either on Kim Jung Coy’s side of this matter or they just don’t give a damn….paging D3 rep….where are you….?!?!?
The committee will only be formed that the Honorable (?) Premier can claim that it was not his decision but the committees, which he will form with Yahsayers. Since the VIP has the majority of the house I can only applaud Mr. Penn for his efforts. Let’s wait and see who will support him. So upset with this blatant misuse of power in this Government.
Kudos to Mr. Penn for speaking directly to the point. Lets see if anyone else have the guts to stand up for right, to stand up for the people. Of course all this noise is massaging to the speaker’s ego – just what he wants.
You got it VIP…on a real note how can the party say they for the people when they ain’t listening to the people and it continues as the ones before help the rich to always have and the less to continue beg and plead for what they already worked for, things getting harder so many of us won’t be able to feed our families the way they dealing no price control but they feeding their pockets(Fahie making sure in case they don’t get back in he done set them up)and their airhead with more ignorance…folks want their increments, all the money being paid out on rent could’ve gone towards the schools, couple more 4 store buildings could’ve gone down on the ESHS campus and the seniors and VISTS could move right down there.
When they done fix the complex another can go in the lot but then that’s money coming out their friends pocket…one’s man opinion