BVI News

Speaker says governor threatening to dip into Consolidated Fund

House of Assembly Speaker, Julian Willock

House Speaker Julian Willock has alleged that Governor John Rankin has threatened to dip into the territory’s consolidated fund if he is not given independent legal support — paid for by the government — when he appears before the Commission of Inquiry (COI) to be cross-examined in a few days’ time.

Appearing on the Umoja radio show recently, Willock said he found the issue very interesting.

“His Excellency the Governor, he will, in a couple days, be cross-examined by the executive branch lawyer and he is now asking for an independent lawyer and allegedly making threats that if the government of the Virgin Islands don’t pay for that, he will invoke Section 103 of the Constitution,” Willock said.

Section 103 of the constitution allows for the governor to authorise expenditure where it is their opinion that it is necessary in the discharge of their duties. 

Why isn’t this upsetting anyone? 

The Speaker also questioned why this was not upsetting to anyone, and said he found it to be mind-boggling that the issue was fine with protesters who recently expressed outrage at taxpayers facing the prospect of paying for his (Willock’s) legal expenses in an aborted court injunction he had filed on his own. If taxpayers are made to pay Willock’s fees, those monies would also be pulled from the Consolidated Fund.

“The House of Assembly kicking up, they can’t get no legal representation. The executive branch, they’re kicking up, they can’t get legal representation. But not one iota of words said when [it’s about] the governor now. I can’t go into the consolidated fund and say, ‘pay the $80,000 or whatever it is’, but the governor can do that.”

The claim that the governor was requesting to take monies from the consolidated fund for his legal defence was recently made by Premier Andrew Fahie in the House of Assembly. 

Willock said a former governor, John Duncan, previously exercised this privilege several years ago and took monies from the fund to support the local police force.

At the time, Governor Duncan authorised an additional $800,000 in expenditure for the Royal Virgin Islands Police Force (RVIPF).

Premier Fahie, who was the Leader of the Opposition at that time, did not object to the initiative back then and released a statement that called for more actions to be taken by the governor.

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27 Comments

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  1. Fed Up says:

    Why do you still print what the gentleman is saying, he can say whatever he wants to say in his own publication.

    Like 42
    Dislike 2
  2. Wigs R us says:

    Wig collection in jeopardy, so g***friend fighting like an angry cat

    Like 32
  3. Nonsense says:

    JW one cannot compare apples and oranges in making an argument. You did not have any support from the Constitution for the foolishness you did.

    Like 45
    Dislike 1
  4. Mr says:

    if in the constitution it says that the governor can invoke 103 and take money to assist where he sees fit to do so what is the problem Mr speaker??. it’s there in the constitution the highest law of the land. the governor isn’t doing anything wrong.tell us which section of the constitution says that when a judge step out of bounds and order you to pay legal cost for a matter that you take to court holy and souly on your behalf tell us where it says that the money should be taken from the consolidated funds??you are putting yourself and your office on the same level as the governor and his office and this is what going to cause your demise. you to full of yourself. chill out

    Like 55
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    • GTFOH says:

      He can invoke section 103 for something in his portfolio as listed in section 60 under the constitution not anything he sees fit. Paying a legal fee for something that does not fall in prisons, administration of courts, police or national security would be a breach. Independent legal fees for a COI that is not a part of the governor’s responsibility would be criminal. Governor Duncan used it appropriately when he needed money to fund the police.

      Like 6
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      • Resident says:

        I think it could easily be said to fall within his responsibility for good governance. He needs the legal advice to assist the CoI.

        No one is alleging the Governor got his hand stuck in the till, or is utterly incompetent, so it’s not the same as the elected government, trying to avoid being held to account by the tax paying public.

        Like 12
        Dislike 3
        • GTFOH says:

          No Just no, there is no such role of the Governor that’s defined as good governance. That fancy talk holds no weight. In no way does section 60 mentions “good governance” The Governor can only use the funds to perform his duties as Governor which I previously listed. We didn’t even want Fahie to use our money for a lawyer for all kind of reasons now despite against the law we making excuses for the Governor. It’s a shame Sowande was right we only have mouth for people that looks like us and these comments is the proof we need. If he need legal advice use the AG.

          Like 2
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      • Strange says:

        The Governor will be utilising fund for legitimate expenditure in performing his official duties and responsibilities as Governor. If he sought the fundings to pay for non-official fees, then his action would be questionable.

        Like 10
        Dislike 1
  5. Resident says:

    That must be why s.103 is included in the Constitution; and Willock is reminding us there is a precedent for its use.

    Cromwell and Willock really are two legal masterminds!

    I hope no one confuses them with people who know what the are talking about.

    Like 32
    Dislike 2
    • GTFOH says:

      103.—(1) No money shall be withdrawn from the Consolidated Fund except on the authority of
      a warrant under the hand of the Minister charged with responsibility for finance (in this Chapter
      referred to as “the Minister”); but where, in the opinion of the Governor, acting in his or her
      discretion, moneys are required to enable the Governor to discharge his or her responsibilities
      under section 60, such moneys may be withdrawn from the Consolidated Fund either—
      (a) on the authority of a warrant under the hand of the Minister; or
      (b) on the authority of a warrant under the hand of the Governor, acting in his or her
      discretion

      Governor’s special responsibilities
      60.—(1) The Governor shall be responsible for the conduct (subject to this Constitution and any
      other law) of any business of the Government of the Virgin Islands, including the administration
      of any department of government, with respect to the following matters—
      (a) external affairs, subject to subsection (4);
      (b) defence, including the armed forces;
      (c) internal security, including the Police Force, without prejudice to section 57;
      (d) the terms and conditions of service of persons holding or acting in public offices, without
      prejudice to section 92; and
      (e) the administration of the courts;
      and the Governor shall keep the Premier fully informed concerning the general conduct of these
      matters, and the Premier may request information in respect of any particular matter.

  6. Hmmm says:

    When the then Gov did it to Dr. Smith, did you my lerned friend protest. In fact you labled Dr. Smith as weak. Now you want the public to ahow outrage. Yes there is public outrage, but it is directed at you and your yellow tabloid site.

    Like 38
    Dislike 2
  7. Rattie says:

    Because you are a black boy

    Dislike 15
  8. YEP says:

    this joker want to be , premier/ judge / jury / king ? and whatever ( EDU in caH) is now trying to be relevant , by jumping on the AG , ( if she was white ,it would of been another episode of the
    RACIST AG ) 2 ?

    Like 12
    Dislike 1
  9. WEW says:

    This is not upsetting us because we’re considering to source. YOU

    Like 8
    Dislike 1
  10. PT09 says:

    JW You and the rest of the gang will soon find out what’s going on and for the benefit of most of the people of the BVI, we pray that you and the government will be gone before the end of the year, we can’t take much more of this.

    Like 18
  11. I am really really tired of he says:

    Really tired. Please pay your legal fees, stop talking, and have a seat for God’s sake.

    My God, when would it end? Jesus.

    Like 17
  12. Hmmmmm says:

    At the time, Governor Duncan authorised an additional $800,000 in expenditure for the Royal Virgin Islands Police Force (RVIPF).

    Premier Fahie, who was the Leader of the Opposition at that time, did not object to the initiative back then and released a statement that called for more actions to be taken by the governor.

    The above says it all!!!!!!! Care for what country? Not one of them!

    Like 10
    Dislike 3
  13. Jokes says:

    On one hand, the Constitution makes it clear that the Governor can utilize funds as needed if he so chooses. On the other hand, the same laws state that in order for the Speaker to take legal actions on behalf of HOA he must first be permitted to do so by the AG. The AG did NOT permit him to do so but he still went ahead, racked up a legal bill then withdrew his action. As a result of his actions and lack of permissions, the Judge ruled that he brought the action in his own individual capacity and not as Speaker as he did not get the relevant approvals to do so. How do the two compare? One has the legal right and the other does not. All I can say is that it is crystal clear with Sowande, Carvin, the Premier and now Willock’s tactics that they have the people of the BVI to be dumb as nails.

    Like 17
    Dislike 1
  14. JUDGE says:

    This bald head just love attention.

    Like 15
  15. Quit fighting.. says:

    U like too much conflict. U will always lose…Stop it. Try another more friendly way..

  16. heckler says:

    Poor WIGLOCK still trying to prove what may i ask?

    Like 10
  17. L Ipton says:

    At least he has constitutional authority and is entitled to do so. It’s not a situation where the cart is before the horse.

  18. POOR THINGS says:

    This is how the cookie crumbles when you deny the truth. What goes around comes around.

  19. Sick and fed up says:

    This is what happens when people don’t know their role and stay in their lane. Mr. Willock never stays in his own lane. The governor is part of the executive and he has powers afforded to him in the constitution to remove money from the consolidated if he chooses for matters that are in his powers. You Mr. Willock, quite unfortunately for the BVI, is a member of the legislative branch. This has nothing to do with you. Stay in your lane. You needed permission from the House and from the Minister of Finance to engage the lawyers and you did not have permission from neither. Even though a blind man can see Albert behind of all of it. It is soo tiring hearing this imbecile.

  20. Come on says:

    It would be really nice if you used proper English in your role as Speaker of the House.

    “The House of Assembly kicking up, they can’t get no legal representation.”

    This might help: “The House of Assembly is kicking up” (in this case, whilst grammatically correct, is not really the way a Speaker of the House should speak), and then to fix the grammar in the second part of the sentence, “they can’t get any legal representation.”

    If you use proper grammar, might be helpful for you to get more respect. And also, you could use the opportunity to review whether the whole idea of challenging the COI lawyers was a good idea, or maybe not if the downside is that you have to pay hundreds of thousands of dollars yourself…

  21. Jackie Long says:

    Am I the only one that remember the Premiere asking for a COI. Why this current administration so upset when our leader set the table for this. All recent Government members were questioned. It’s an inquiry that we wanted and they have done a good job with showing the flaws in our system.

    Willock you acting like you were elected by the people and can you the people funds however you feel. This is why you couldn’t win any internal election within the VIP administration. We know you wasn’t no good.

    Our leader has spoiled all the fruits in this bag of representatives and tainted their political careers. We the VIP won’t be running the country next election it is clear and I’m ok with that.

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