BVI News

Wade Smith wins judicial review against magistrate, CoP

Commissioner of Customs Wade Smith

Commissioner of Customs Wade Smith emerged victorious in a judicial review case against Senior Magistrate Tamia Richards and the Commissioner of Police.

The court found that the actions of the Senior Magistrate in granting a search warrant against Smith were unreasonable, unjustified and lacked substance.

Consequently, the court has ordered the return of all possessions seized from Smith. Smith was put on immediate leave over a year ago following charges of breach of trust as a public officer.

This leave came after the Senior Magistrate authorised a search warrant on February 14, 2023, during which Smith’s phone and other equipment, including personal documents, were confiscated.

In the court ruling, Justice Sonya Young deemed the warrant as lacking legal grounds and instructed the immediate return of the seized items to Smith. The arrest and charge stemmed from Smith’s tenure as the Commissioner of Customs in the territory.

Smith’s administrative leave raised questions in the absence of any conclusve findings of corruption within the Customs Department under his watch in a report by retired UK Judge Sir Gary Hickinbottom. Smith is represented by attorney Terrence Williams and Carlene Thomas Lucian of Chase Law and continues to seek judicial review against the Governor, the Public Service Commission, and the Director of Human Resources.

It is unclear when or if Smith will return to his post, as he is yet to receive an explanation for his leave, a point Judge Heather Felix-Evans highlighted as an ultra vires action.

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23 Comments

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  1. Well... says:

    And they want to pass police bill that gives them a right to enter and search peoples homes without a warrant. Criminals trying to legalise crime. At least justice still prevails. No to the ILLEGAL POLICE BILL PROVISIONS!!

    Like 18
    Dislike 6
    • @well says:

      if yall know … lmao

      Up to this day I still waiting to see customs& immigration catch illegal immigrants in our waters.

      and drug traffickers. only police can do it?

      can’t tell when last i saw them in the news other than harassing tourist on yachts. shameful really

      those who got thing to hide hate that police bill with a passion mehson. if i know my house clean i care if police come and search it. what they gonna take my overdue bills?? lol. once they keep their camera on and remain accountable i good.

      Like 12
    • Hot one says:

      The police rely on the DPP to advise them, and unfortunately she seems to get it wrong more often than she gets it right. We desperately need to fire her.

      Like 12
    • local business says:

      Obviously escaped your notice that Customs have the right to enter and search your house, car at any time without a warrant

  2. No to the ILLEGAL POLICE BILL PROVISIONS!! says:

    Let them take that another L for the dpp

    Like 8
    Dislike 3
  3. Lol says:

    Next step is big money compensation. Who ever is responsible hmmm

    Like 5
    Dislike 1
  4. Lodger says:

    The sad thing is our tax payers are stuck with the bill while the white mob go free

    Like 6
    Dislike 3
  5. Good says:

    For all of them who think people rights can be trampled on. Throw away that new police bill they trying to push on us.

    Like 2
    Dislike 2
  6. Staff says:

    Hope he goes back to his job

    Like 2
    Dislike 5
  7. Justice says:

    This happens when a few individuals decide to ruin another fellowman based on personal biases and untruths. Thank God for the rule of Law.

    Like 8
    Dislike 2
  8. We all know ... but says:

    When will they remove madam from the post of senior magistrate? She was never mature enough to act sensibly in that position.

    Like 8
    Dislike 3
  9. Radio Rich says:

    First came in contact with Smith immediately after Irma. N**** piece of work.

    Like 2
    Dislike 2
  10. Crooked System says:

    The BVI is about to go through the unimaginable. Sorry for the simple trusting gentle souls who will be the most vulnerable as the system falls apart.

  11. Worried says:

    When crime goes through the roof and tourists stop coming and the financial sector leaves, remember this is why.

    Like 1
    Dislike 2
  12. Just like her brother!!! says:

    T thinks she’s above the law, she very much out of pocket and needs to fired asap!!

    Like 7
    Dislike 2
  13. Fire her says:

    Tamiami needs to be on a term jus like the high court Judge.She rules by emotions and not law.She needs to go.

    Like 8
    Dislike 2
  14. All I would say says:

    Have anyone stop to think the emotional stress and inner pain the man went through while they were trying to strip him of his dignity and his reputation? I feel bad for him and what he has been put through.WOWWWWW. This place is truly an evil place. Mister, when this is over, DROP THE BIGGEST LAWSUIT ON WHOMEVER WAS INVOLVED IN TRYING TO DESTROY YOU.

    Like 6
    Dislike 3
    • @all I would say says:

      He strip himself of his own dignity and reputation. He can hire all the big time lawyers he wants, his acts will catch up with him. Time longer than twine

      Like 5
      Dislike 2
  15. Treasury dead says:

    Between the police lawsuits against the commissioner of police and public service lawsuits we’ll be driving in potholes for the next 20 years.
    Collins potentially will single handily destroy the BVI judicial system. Him and rankin must have some kind of obeah to convince the Dpp and Tamia to do these unlawful things and what’s sad is they’re BvI landers, we really hate our own. Can’t wait to see the outcome of the breach of trust case. I bet the dpp did something unlawful too. The big bad COI just got destroyed. Now uk scare tactics Will never work on us again. Wade liberated us.

    Like 4
    Dislike 4
  16. my2cents says:

    yet ppl think the governor didnt have an agenda and was looking out for locals LMAO. These things are supposed to start with evidence and not speculation. It was an attempt to create narrative to justify the take over. Maybe this new governor will get his responsibilities to be more productive b/c the last 2 were unperforming frigs who got caught up in personal feuds with the Premiers.

    Like 2
    Dislike 2
  17. IF says:

    And I am only speaking for myself, no one else. I would not return or take that post back even if they got down on their knees and beg me to return to the post. They have already tried to destroy, discredit, humiliate and strip the poor man of his dignity and reputation. Just imagine the mental stress the poor man was/is under. Whoever was responsible and was involved in this, your day is right around the corner. Remember, this year 2024 is the year of exposure. Everyone is getting exposed for who they truly are. Truth and lies is revealing itself. Not only here in the BVI but all around the World.

    Like 5
    Dislike 3
  18. Concern Citizens - BVI says:

    What happened to the other Officers who was charged with Breach of Trust or sent home on administrative Leave.? – Enquiry Wants to know!

  19. maria louisa varlack says:

    no body is to be trusted. too much police corruption and too much political corruption. be are dangerous out to destroy everyone in their pathway.

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