Beautiful Virgin Islands

Monday, Jun 30, 2025

CoI lacks ‘prima facie’ by having no preliminary evidence - Attorney Richard G. Rowe

CoI lacks ‘prima facie’ by having no preliminary evidence - Attorney Richard G. Rowe

Attorney Richard G. Rowe of Silk Legal has said the Commission of Inquiry (CoI) in the Virgin Islands is one that reinforces colonialism and suggested it may even be hypocritical as it comes in the face of the United Kingdom (UK) resisting its own internal CoI as a result of the Coronavirus pandemic, yet imposing an inquiry on the Virgin Islands at the same time.

Citing an article from the Cayman Post on the May 4, 2021, edition of the 'Honestly Speaking' radio show, Attorney Rowe said the genesis of the inquiry, initiated by controversial Ex-Governor Augustus J.U. Jaspert, also lacked prima facie evidence, by starting its investigation without preliminary evidence of wrongdoing.

In the legal system, prima facie is commonly used to refer to either a piece of evidence presumed to be true when first viewed, or a legal claim in which enough evidence is presented to support the validity of the claim.

On Monday, April 26, 2021, Speaker of the House of Assembly, Hon Julian Willock brought into question, the powers of the Foreign Secretary to make such a decision against the spirit of a modern partnership between the VI and UK as laid out in Article 73 of the United Nations Charter.


CoI is a 'last lick' for the ex-Governor Jaspert


“It would appear to us that the Commission of Inquiry would have been, what is common terms amongst us in the Caribbean… a last lick from the outgoing Governor because the present government sought to govern itself rather than taking direct rule,” he said.

Attorney Rowe said instances of the power struggle came via constitutional breaches by the Ex-Governor Jaspert to assent to bills that were lawfully passed by the House of Assembly and doing so without any lawful justification.

The Virgin Islands Medicinal Cannabis Licensing Act, 2020 was passed with amendments in the House of Assembly (HoA) since June 30, 2020.

Another Bill, the Drugs (Prevention of Misuse) Amendment Act 2020, which seeks to decriminalise possession of small amounts of cannabis and erase some previous convictions, has also not been assented to despite being passed in the HoA.

Section 79, (2) under assent to bill, the constitution states, “when a bill is presented to the Governor for assent, the Governor shall declare that he or she assents to it or that he or she reserves the Bill for the signification of Her Majesty’s pleasure; but unless the Governor has been authorised by a Secretary of State to assent to it, the Governor shall reserve for the signification of Her Majesty’s pleasure any Bill which appears to him or her, acting in his or her discretion.”

*  (a) to be inconsistent with any obligation of Her Majesty or of Her Majesty’s Government in the United Kingdom towards any other state or power or any international organisation;
*  (b) to be likely to prejudice the Royal prerogative; or
*  (c) to be in any way repugnant to or inconsistent with this Constitution.

According to Attorney Rowe, none of the discretions laid out in the constitution applies to the reasoning for the hold-up of the current bills.

Attorney Richard G. Rowe argument is that none of the reasoning for the hold-up of the bills is supported by the constitution of the Virgin Islands, as such, the UK Secretary of State Dominic R. Raab has no power to stay assent of bills based on the justifications given.


UK Secretary of State Dominic R. Raab violating VI constitution


He said the response from the United Kingdom (UK) Secretary of State Dominic R. Raab to await the findings of the CoI to assent to bills legally passed in the House of Assembly is in effect suspending the legislative power of the lawfully elected representatives of the Virgin Islands.

On Monday, April 26, 2021, Speaker of the House of Assembly, Hon Julian Willock brought into question, the powers of the Foreign Secretary to make such a decision against the spirit of a modern partnership between the VI and UK as laid out in Article 73 of the United Nations Charter.

"By virtue of the Commission of Inquiry taking precedence over the Constitution of the Virgin Islands, the question we may now ask, is our Constitution being suspended?" he asked.

Attorney Rowe's argument is that none of the reasoning for the hold-up of the bills is supported by the constitution of the Virgin Islands, as such, the UK Secretary of State Raab has no power to stay assent of bills based on the justifications given.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Texas Enacts Law Allowing Gold and Silver Transactions
China Unveils Miniature Insect-Like Surveillance Drone
OpenAI Secures Multimillion-Dollar AI Contracts with Pentagon, India, and Grab
Marc Marquez Claims Victory at Dutch Grand Prix Amidst Family Misfortune
Germany Votes to Suspend Family Reunification for Asylum Seekers
Elon Musk Critiques Senate Budget Proposal Over Job Losses and Strategic Risks
Los Angeles Riots ended with Federal Investigations into Funding
Budapest Pride Parade Draws 200,000 Participants Amid Government Ban
Southern Europe Experiences Extreme Heat
Xiaomi's YU7 SUV Launch Garners Record Pre-Orders Amid Market Challenges
Jeff Bezos and Lauren Sanchez's Lavish Wedding in Venice
Russia Launches Largest Air Assault on Ukraine Since Invasion
Education Secretary Announces Overhaul of Complaints System Amid Rising Parental Grievances
Massive Anti-Government Protests Erupt in Belgrade
Trump Ends Trade Talks with Canada Over Digital Services Tax
UK Government Softens Welfare Reform Plans Amid Labour Party Rebellion
Labour Faces Rebellion Over Disability Benefit Reforms Ahead of Key Vote
Jeff Bezos and Lauren Sánchez Host Lavish Wedding in Venice Amid Protests
Trump Asserts Readiness for Further Strikes on Iran Amid Nuclear Tensions
North Korea to Open New Beach Resort to Boost Tourism Economy
UK Labour Party Faces Internal Tensions Over Welfare Reforms
Andrew Cuomo Hints at Potential November Comeback Amid Democratic Primary Results
Curtis Sliwa Champions His Vision for New York City Amid Rising Crime Concerns
Federal Reserve Proposes Changes to Capital Rule Affecting Major Banks
EU TO HUNGARY: LET THEM PRIDE OR PREP FOR SHADE. ORBÁN TO EU: STAY IN YOUR LANE AND FIX YOUR OWN MESS.
Trump Escalates Criticism of Media Over Iran Strike Coverage
Trump Announces Upcoming US-Iran Meeting Amid Controversial Airstrikes
Trump Moves to Reshape Middle East Following Israel-Iran Conflict
Big Four Accounting Firms Fined in Exam Cheating Scandal
NATO Members Agree to 5% Defense Spending Target by 2035
Australia's Star Casino Secures $195 Million Rescue Package Amid Challenges
UK to Enhance Nuclear Capabilities with Acquisition of F-35A Fighter Jets
Russian Shadow Payments via Cryptocurrency Reach $9 Billion
Explosions Rock Doha as Iranian Missiles Target Qatar
“You Have 12 Hours to Flee”: Israeli Threat Campaign Targets Surviving Iranian Officials
Macron and Merz: Europe must arm itself in an unstable world
Germany and Italy Under Pressure to Repatriate $245bn of Gold from US Vaults
Airlines Evaluate Flight Cancellations Amid Escalating US-Iran Tensions
Starmer Invites Innovators to Join Government Talent Scheme
UK Economy’s Strong Opening Quarter Shows Signs of Cooling
Harrods Seeks Court Order to Secure Al Fayed Estate for Victims
BA and Singapore Airlines Cancel Dubai Flights Amid Middle East Tensions
Trump Faces Backlash from MAGA Base Over Iran Strikes
Meta Bets $14 B on Alexandr Wang to Drive AI Ambitions
WATCH: Israeli forces show the aftermath of a massive airstrike at Iran's Isfahan nuclear site
FedEx Founder Fred Smith, ‘Heart and Soul’ of the Company, Dies at 80
Chinese Factories Shift Away from U.S. Amid Trump‑Era Tariffs
Pimco Seizes Opportunity in Japan’s Dislocated Bond Market
Labubu Doll Drives Pop Mart to Status as China’s Most Valuable Toy Maker
Global Coal Demand Defies Paris Accord Goals
×