Beautiful Virgin Islands

Tuesday, Jun 24, 2025

Complaints Commissioner raises impartiality concerns about COI

Complaints Commissioner raises impartiality concerns about COI

Complaints Commissioner, Erica Smith-Penn levelled a startling claim of impropriety against Sir Gary Hickinbottom during yesterday’s hearing of the Commission of Inquiry (COI).

During the hearing, Smith-Penn told Sir Gary, the sole Commissioner of the Inquiry, she was concerned about the independence and impartiality of the COI, given that it was her understanding that Sir Gary first arrived in the BVI on the same flight as the former governor, Augustus Jaspert.

Smith-Penn then put on record that she intends to raise her concerns with the current Governor and Deputy Governor since she felt her concerns were of “critical national importance”.

“In my training, insofar as independence, insofar as impartiality laws, I am concerned as the [Complaints] Commissioner, that when you, Commissioner [Sir Gary], arrived in the territory, you arrived with the governor who was responsible for the Commissioner of Inquiry,” she told the COI.

“And as regards the rules …” Smith-Penn began before being interrupted.

Sir Gary told the Complaints Commissioner her arguments were simply not appropriate at the time and said he had made this clear to her prior.

Please write to us


Earlier, Smith-Penn repeatedly attempted to make legal submissions to the COI orally. But, Sir Gary repeatedly advised her to desist from doing so because, unlike parties such as the government, she was not a recognised ‘participant’ of the COI. The COI boss further explained to Smith Penn that she must first apply to become a participant of the COI. And if granted, she will be able to make legal submissions at hearings.

He subsequently asked the Complaints Commission to make her submissions in writing but Smith-Penn proceeded to make oral arguments anyway.

The Complaints Commissioner said her office had very limited resources and, as such, was not able to make submissions in the way the COI wanted. She further told the COI that she felt it was a simple matter that was being brought to the attention of the Commission.

Helpful items only please


Sir Gary explained that the legal submissions would be helpful if presented in writing along with the legal basis underpinning them.

“If you wish to make further submissions on this point … then please write to me and we will ensure that any voice that should be heard, is heard. But now is not the time and this is not the form that is helpful to me,” Sir Gary insisted.

And after stating that she wanted to put something else on the record, Smith-Penn was advised that she could not do so unless whatever she had to say would be helpful to the COI and was not a ‘legal submission’.

The Complaints Commissioner insisted that she felt that writing to the COI would not “give the fairness that is required”. Sir Gary replied that he was the judge of the proceedings and it was his job to make any determination on fairness.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
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
We have new information and breaking details to share about what is shaping up to be a historic air campaign tonight
Six Massive Bombs Dropped on Fordow; Trump: 'A Historic Moment for the U.S., Israel, and the World'
Fordow: Deeply Buried Iranian Enrichment Site in U.S.–Israel Crosshairs
United States Conducts Precision Strikes on Iran’s Nuclear Sites
US strikes Iran nuclear sites, Trump says
Pakistan to nominate Trump for Nobel Peace Prize.
BBC Demands Perplexity AI Immediately Stop Using Its Content
Telegram Founder: I Will Leave My Fortune to Over 100 of My Children
Political Turmoil Resurfaces in Belgium Amid Economic Concerns
Fed policymakers divided on timing of interest rate cuts
Trump signals imminent agreement with Harvard University
Inheritance tax referendum alarms Swiss billionaire community
Japan cancels bilateral security meeting amid US defence demands
AI skeptic Emily Bender warns that ‘the emperor has no clothes’
Israel Confirms Assassination of Quds Force Commander in Tehran
16 Billion Login Credentials Leaked in Unprecedented Cybersecurity Breach
Senate hearing on who was 'really running' Biden White House kicks off
Iranian Military Officers Reportedly Seek Contact with Reza Pahlavi, Signal Intent to Defect
FBI and Senate Investigate Allegations of Chinese Plot to Influence the 2020 Election in Biden’s Favor Using Fake U.S. Driver’s Licenses
Vietnam Emerges as Luxury Yacht Destination for Ultra‑Rich
Plans to Sell Dutch Embassy in Bangkok Face Local Opposition
China's Iranian Oil Imports Face Disruption Amid Escalating Middle East Tensions
Trump's $5 Million 'Trump Card' Visa Program Draws Nearly 70,000 Applicants
DGCA Finds No Major Safety Concerns in Air India's Boeing 787 Fleet
Airlines Reroute Flights Amid Expanding Middle East Conflict Zones
Elon Musk's xAI Seeks $9.3 Billion in Funding Amid AI Expansion
Trump Demands Iran's Unconditional Surrender Amid Escalating Conflict
Israeli Airstrike Targets Iranian State TV in Central Tehran
President Trump is leaving the G7 summit early and has ordered the National Security Council to the Situation Room
Taiwan Imposes Export Ban on Chips to Huawei and SMIC
Israel has just announced plans to strike Tehran again, and in response, Trump has urged people to evacuate
Netanyahu Signals Potential Regime Change in Iran
Juncker Criticizes EU Inaction on Trump Tariffs
EU Proposes Ban on New Russian Gas Contracts
Analysts Warn Iran May Resort to Unconventional Warfare
Iranian Regime Faces Existential Threat Amid Conflict
×