Smith Shocked! Says Walwyn may have jeopardised pending case
Local attorney Jamal Smith has indicated that Former Education Minister Myron Walwyn may have jeopardised his pending court case with the public statement he made after being arrested and charged with breach of trust by a public officer.
Last week, Walwyn issued a lengthy statement professing his innocence and intent to vigorously defend himself after being charged with Breach of Trust in relation to the controversial Elmore Stoutt High School (ESHS) perimeter wall project that reportedly suffered major cost overruns years ago.
The Director of Public Prosecutions (DPP) was not pleased and called the statement an “erroneous and unfounded” attempt to “adversely influence the potential array of jurors who will eventually decide his fate” in a likely trial before the High Court.
Speaking on the Talking Points radio show on November 7, Smith said he was shocked when he saw Walwyn’s statement, especially since the former Education Minister is a lawyer and knows the implications of making public comments about a matter that is before the courts.
“I was extremely shocked to have seen a qualified lawyer who should know better, putting out such a statement,” said Smith who is the former chairman of the Labour Arbitration Tribunal. “Any lawyer will tell you ‘do not say anything once you have been charged’. These are criminal investigations, you do not speak about them. You do not try criminal matters in public.”
He said Walwyn’s statement has incensed (angered) the public and may push the DPP to take certain measures to ensure that the case is not further affected by public opinion.
“The question the judge now has to answer is ‘can these people get a fair hearing in this territory?’ That’s the other issue you might run up against and I’m wondering whether the DPP is preparing herself for a bigger play. There are some bigger plays she can make because of what has happened in the public domain,” Smith said.
However, he did not state what “bigger plays” the DPP may take.
The community has had mixed reactions to Walwyn’s statement. Some say he should have known it was wrong to make a public statement while others have championed the former legislator’s right to free speech.
However, Smith said people should know that the right to freedom of speech has limitations.
“People seem to have the wrong impression of what freedom of speech does. It doesn’t give anybody the right to say anything they want in the public domain. There is no absolute right other than the right against torture.”
“You have a right not to be tortured or subjected to inhumane punishment. Every other right has numerous exceptions – including the right to free speech. You have to be careful when you exercise that right to free speech,” Smith said
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Here we go again. Nothing jeopardised anything and one has a right to make a statement. Sick of the things that are going on in this place but it will all be uprooted in time.
I suppose it is a bit of a ‘Catch 22’ situation. If he had not said anything he would have been savaged by many, if he said something (as he did) he would be savaged by many.
The issue is that this place is very small and any high-profile person in trouble will inevitably be the ‘talk of the town’ and just about every jury choice would no doubt have an opinion regardless. The ‘rumour mill’ here is FAR MORE brutal and unjust to an individual under fire than any statement made, that is for certain!
I personally believe he was right to defend his name and attempt to bring clarity to both sides and attempt to mitigate matters. But then again, only time will tell if this move pays dividends, or whether it will further his undoing.
As a defendant in criminal proceedings, Walwyn is entitled to issue a statement denying any liability. However, the DPP should maintain her silence until the trial gets started. Not doubt Walwyn will rely on the DPP’s error in support of an application to say that her actions mean that he can’t get a fair trial.
Try lock me up and see if I will keep my mouth shut. You gots to be crazy Jamal. He must shut up so that Tortola people could say all they want. Even the talk shows I hear talking about this matter. Is the law that everyone else is allowed to speak on the matter except the accused. GTFOH
Is this *** even a real lawyer? Whenever I see him I hide…
Whatever happened to freedom of speech and expression. Is that out the window once you are accused? Everybody and their mother was talking about this wall for over 5 years. They could talk on shows and new sites and blog but the minute Walwyn speak he is contaminating the jury pool. Does that make sense?
In other words, the jurors in the BVI are so intellectually inferior that one statement from the accused would make them all say not guilty without giving due regards to the facts. This is exactly what the DPP and Jamal think about the public?
Mr. Smith is seeking another 15 minutes, go and have a seat sir. Walwyn played and baited the DPP to respond to him and it is the DPP’s own public response that will cause them problems in the future with this case, remember it was posted here. The details mentioned in Walwyn’s statement are the same details he has mentioned multiple times publicly and during the COI hearings as well. So you are saying if one goes to youtube and replay the testimony of Ms. Stevens, Walwyn and others that they cannot get a fair trial? Every person that is being investigated and/or charged appeared before the COI and gave lengthy testimony and said interviews are still on youtube for all to see, so try again.
Attorney Smith, I disagree completely with you. I have been paying close attention to this situation because I could tell from the outset that is was a set up and a witch hunt. I believe that more now than ever. As soon as Walwyn started to speak on issues here they come with the arrest. It is designed to get him out of the way.
The only thing that Walwyn said new in that statement is that he was arrested. Nothing else! Everything else was said before and surely was discussed at length in the Commission of Inquiry, talk shows, newspapers and even the commissioner of police unprecedentedly discussed an open investigation. Then he came back and said it was closed but yet it was part of the COI.
You have to look at what was said by the individual to determine the issue. To simply say that because an accused may have spoken that they affect the jury pool to me simplistic and quite frankly silly.
As a matter of common sense, aren’t bloggers potentially affecting the jury pool with their blogs? Where is the sense Attorney Smith?
Is this just another Walwyn hater? No credibility. I follow his comments when it comes to Walwyn on Facebook. It reads like he doesn’t like him one bit so he would say anything. Your views themselves on this matter because of your previous comments about Walwyn on Facebook are prejudicial.
Define torture, Mr. Smith! If you got sent home on leave without being told for what or why. Does this constitute torture and mental anguish while left to the court of public opinion to be prosecuted daily?
So while you await your day in court (which could be six months to a year by BVI’s standards) your name remain sullied until whence time? That sounds like torture to me Mr.Smith.
Mr.Walwyn has all right to declare his innocence as the stench of the word arrest always gives the perception of guilt.
It looks like he has an axe to grind with the NDP and Walwyn and he doesn’t hide it. Sorry Sir, you have no credibility on this situation. Biased! Prejudiced!
So the DPP’s statement defending the Former Commissioner and the investigation that was concluded is ok but Walwyn must be quiet and let his reputation get destroyed.
Commissioner Matthew could go on talk shows and speak about an open investigation and it is ok. Why didn’t the DPP make a statement condemning what the police commissioner did? Don’t you think that what he was doing could have jeopardized the investigation and the jury?
We know you have some axe to grind with Walwyn. It is very obvious from your commenting on things that have to do with him especially on Facebook. As a lawyer you need to be more balanced and fair. Your prejudice against Walwyn is very clear in your comments. Shame on you. I thought you were a bigger man that.
The police commissioner released or caused to release video evidence pertaining to an ongoing investigation. Could you please speak on this Counsel? I do not recall hearing from you about it.
Myrun didn’t know he had a right to remain silent?
Go and sit down p**k
Of our justice system, the shame of people reputation in full force. This guy actually thought about his statement on that radio show? I can’t believe this guy is a lawyer, maybe use your own words next time pal. Keep your mouth shut so you don’t continue making yourself look mediocre in public. I’ve never seen any big time lawyer come on radio to talk about cases that doesn’t involve them.
Nothing in the statement that Walwyn made was new information. It was all mentioned in the COI interviews that can be found through a Youtube search by the same jury pool that the “learned” attorney is saying can be contaminated. Perhaps let’s focus on the petty rebuttal issued by the DPP.
I am shocked at the DPP! They have publicly stated that someone made a statement that they had no right to make. False! They then went on to accuse the same someone of ‘trying to influence the jury’. False again! They seem to have a thing for falsely accusing and trying to incriminate someone who is innocent until proven guilty. They have acted in a way that is grossly prejudicial and brings into question the fairness of ANY TRIAL against the accused. It is for the DPP to prove their case. But since they have a weak case, they planted false accusations in a very public forum that would likely influence the minds of any jury which would significantly reduce any chance of the accused receiving a fair trial. This is against the interests of justice. They had a very weak case so decided to build it up based on the false accusations that they have intentionally placed in the public domain. It is very probable that they have now contaminated the minds of the jury by behaving in this manner. It is the accused who has a right to a fair trial and so the responsibility is on the DPP not to jeopardise that right. BUT THEY HAVE. It is very probably that due to the actions of the DPP, any convictions against the accused is likely to be considered ‘unsafe’. The DPP’s case is prima facie very weak and there should be no case to answer but instead of dropping the witch hunt, the DPP proceeded to abuse the course of justice in several ways. They carried on the witch hunt propelled by the specialist team they brought from the UK, through their own admission. They then intentionally planted seeds of false accusations in a very public domain that are prejudicial to the accused and are against the interests of justice. It is very shocking! Shame on the DPP. Let justice reign. The DPP should not be allowed to proceed, they have insulted the very institution of law and justice. The witch hunt must end.
especially when they have ppl in jail denying them bail, with no EVIDENCE!!!! whats so eva..
So walwyn should keep still and let his name be ruined without a word. The DPP could make a statement but he cannot. The Commissioner of Police could talk about the investigation on radio but Walwyn cannot say anything.
So when you are accused you lose your right to free speech?
Did you find anything wrong with the salty and petty response from the DPP?
ESPECIALLY IN A PLACE LIKE THE BVI WHERE THE POLICE HAVE U GULITY UNTILL PROVEN INNOCENT!! THE LOVE TO JAIL U AND HAVE U SUFFERING, WHILE U LEGALLY STILL AN INNOCENT PERSON.
I wonder what he calls disregarding the Labour laws as the Chairman of the Tribunal for his croney bunch.
I have lost all respect for this man.
That why half them cases always getting thrown out!!!!!!! a pact of crap they does be doing, destroying ppl reputation!!
Oh now I understand why the “Head Coach” has not had the courtesy of sending a message to the people of this territory. He don’t want to prejudice the jury pool. Jahmal are you advising the Head Couch? I haven’t heard anything from you about how shocked you were when AF got busted.
Well look here for me today! A slew of comments made by paid bloggers on behalf of Myron! SMFH!
I am shocked that you have a law degree.
All kind of things happened here and he never said he was shocked! All of a sudden his shocker working. Shut up. You are bias.
He wasn’t shock when Andrew get lock up for drugs and working obeah on the whole BVI to win election but he shocked now. Boy move from here!
Only Jamal and the DPP think this is correct. No mother lawyer in the BVI agrees!
This Wall thing has WITCH HUNT written all over it. Anybody who could intelligently stand up to the UK will be labeled as corrupt and destroyed. It is the same strategy they use in all the other overseas countries. If Myron was in government I know he would have been fighting and they know it to. As soon as he started to do interviews on the radio and got in the news talking about what the UK is doing up comes big arrest and charge. Even a blind person could see this. And we have many of our own local people assisting the UK to kill our own. We had better wake up
Freedom of speech is one thing. The consequences of that speech is another thing and story..
You can’t be wrong and strong in the justice system. You have limitations and you can’t do and say what you want or you will bear the consequences, simple.
how is this lawyer still acting as a lawyer if he jeopardise someone case /? the bar should take this in consideration to punish these people srewing up people cases
It’s not that we are stupid . It’s that we are biased.
Myron as a Lawyer should have known better, Maybe he is not a good Lawyer. Every Criminal, Good Lawyer and good Law enforcers know that “Silence is the best defense”.I too was disappointed, shocked hearing Walwyn speach after the arrest..
Myron has every right to put his statement out. He must remain quiet while the whole of the BVI and where ever else have him looking like some thief? He right and if it was me I would do the same thing. Who vex buss!
anger / hatred or ? ? he seems to have touched a nerve , if his hands are clean then .he has a right to speak the truth , so whats all the drama for ??? ( you yourself said , that he is an experienced lawyer •¿• so if he’s playing the rodeo game like the one in Miami, then the consequences awaits him
How come the statement from one person taint the whole jury pool? The COI and all the later things had this wall story well discussed and exposed. Wouldn’t this faint the jury pool also? The bloggers giving their opinion on the stories about this wall wouldn’t taint the jury pool?
What you are saying is you can’t be wrong and strong in the Babylon System. You have limitations and you can’t do and say what you want or you will bear the consequences. Tortola is such a dark place that the natives willingly kill and crucify each other for the Beast not knowing that the time is at hand. What is about to unfold will mad some of you who have totally sold out to the God of this world. Self Seeking Sellouts enjoy the little time left. Keep your eye on the clock.
When the COI was grueling Myron publicity what do you call that ?
Full of ignorance !! They just want to see the man go under. Andrew is the trend setter amid all the sad events going on in the BVI
Define a public hearing … COI
Define a public letter ( information) Walwyn’s reply)
State the difference
MC : All of the above are public information
Go sit dung Mr Smith shame on you
I am shocked that all the seemingly intelligent and educated persons who ran behind the Virgin Islands Party and voted them in by a land slide last election seems to not be asking them why they are not working or why they are doing nothing. I am shocked that all these VIP supporters can’t call their gravy train leaders who has managed to give away millions yearly for the past three plus years and nothing else. Mean while we will all be walking soon as our cars will be done with. The children will be having school back out under a cool tree and Government Departments I guess they will be operating or working from home because somebody needs to ask how much longer we can pay these exorbitant rents while we let the Complex sit there unfixed. After all the storms were five years ago. And I am also shocked that Head Coach and his other elected members are so lazy that they did nothing for all these years. Well Head Coach seems like he was doing something, which he cannot do now, but the others, well they are sitting on their hands. I am also shocked that there is no evidence of what was done with the $40 million they took, yes, took from our Social Security funds. Lord help us as almost everything in this country is shocking, but you don’t see us blasting those things on the news.
@ Oh please.
You have a point, I am not a lawyer, but if Myron is wrong, then it would be in the best interest of all if the DDP had just contacted him with their concerns and left it there. Bringing this whole thing to the public is saying that something is so fishy that it smells all over this place.
I am shocked that you were made the head of the Labour tribunal under the same VIP with the head coach. I Al not shocked that you came after Myron though. You are a bias, simple man. I don’t want to hear from you. Myron had every right to defend himself. Didn’t the DPP also put out a statement giving explanations? The same thing she is accusing Myron of is exactly what she did.
I am very concerned about the tone of the statement by the DPP. Prosecution is not persecution and it seems that this is what the DPP’s office has turned into. It is like a place of spite instead of a place where you search for truth and Justice. It’s like a place where scores are settled against who they have a beef with. That is the feeling that I get about that office right now. This is not good for the BVI criminal Justice system. The DPP’s statement made me feel the hatred and venom after which they have been pursuing Myron for these past years. Bringing in financial investigators? Really? I am sure that cost the government nearly as much as the same wall. Something stinks to high heaven on this whole thing. I pray that God exposes all of it for the whole BVI to see.
Which intended juror in the BVI hasn’t heard about Myron and this wall business, even before he made that statement? If that statement from Myron is gonna sway jurors, then they should not have a single juror from the BVI on that case. This wall story been in discussion publicly for years now. Get every juror required from out of the BVI and know nothing about this case then. Every man jack, heard about this wall story. I thought the jurors have to review the evidence presented before them and then make a decision. I’m sure everything will come to light in due course. Nonsense talk that in my opinion. The DPP case should be set out already since charges have been laid (I assume the investigation was done THOROUGHLY), so I don’t see where bigger play coming from. The case is the case unless they going manufacture new evidence from what he said.
All what happen is that they vex they didn’t get to break the news about Walwyn being arrested. He broke his own news and took the sting out of theirs. That’s all that happen here. LOL
Don’t mind them Walwyn, they want you to stay there silent so they could do damage? Eh eh it will not go down like that. She is Cherry picking when to launch her political attacks and thinking the public is stupid?
“All of a sudden his shocker working”
Best belly laugh I have had in weeks, Thanks!
“All of a sudden his shocker working”
Best belly laugh I have had in weeks, Thanks!
Exposing their true evilness , the devil ? got his hands on their souls , so they vomiting through their mouth ,but just now they will be backfiring through
their rear ends