Beautiful Virgin Islands

Wednesday, Sep 03, 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 in Turmoil: Ukrainian Teenage Girl Pushed to Death by Illegal Iraqi Migrant
United Krack down on human rights: Graham Linehan Arrested at Heathrow Over Three X Posts, Hospitalised, Released on Bail with Posting Ban
Asian and Middle Eastern Investors Avoid US Markets
Ray Dalio Warns of US Shift to Autocracy
Eurozone Inflation Rises to 2.1% in August
Russia and China Sign New Gas Pipeline Deal
China's Robotics Industry Fuels Export Surge
Suntory Chairman Resigns After Police Probe
Gold Price Hits New All-Time Record
Von der Leyen's Plane Hit by Suspected Russian GPS Interference in an Incident Believed to Be Caused by Russia or by Pro-Peace or by Anti-Corruption European Activists
UK Fintechs Explore Buying US Banks
Greece Suspends 5% of Schools as Birth Rate Drops
Apollo to Launch $5 Billion Sports Investment Vehicle
Bolsonaro Trial Nears Close Amid US-Brazil Tension
European Banks Push for Lower Cross-Border Barriers
Poland's Offshore Wind Sector Attracts Investors
Nvidia Reveals: Two Mystery Customers Account for About 40% of Revenue
Woody Allen: "I Would Be Happy to Direct Trump Again in a Film"
Pickles are the latest craze among Generation Z in the United States.
Deadline Day Delivers Record £125m Isak Move and Donnarumma to City
Nestlé Removes CEO Laurent Freixe Following Undisclosed Relationship with Subordinate
Giuliani Seriously Injured in Accident – Trump to Award Him the Presidential Medal of Freedom
EU is getting aggressive: Four AfD Candidates Die Unexpectedly Ahead of North Rhine-Westphalia Local Elections
Lula and Putin Hold Strategic BRICS Discussions Ahead of Trump–Putin Summit
WhatsApp is rolling out a feature that looks a lot like Telegram.
Investigations Reveal Rise in ‘Sex-for-Rent’ Listings Across Canada Exploiting Vulnerable Tenants
Chinese and Indian Leaders Pursue Amity Amid Global Shifts
European Union Plans for Ukraine Deployment
ECB Warns Against Inflation Complacency
Concerns Over North Cyprus Casino Development
Shipping Companies Look Beyond Chinese Finance
Rural Exodus Fueling European Wildfires
China Hosts Major Security Meeting
Chinese Police Successfully Recover Family's Savings from Livestream Purchases
Germany Marks a Decade Since Migrant Wave with Divisions, Success Stories, and Political Shifts
Liverpool Defeat Arsenal 1–0 with Szoboszlai Free-Kick to Stay Top of Premier League
Prince Harry and King Charles to Meet in First Reunion After 20 Months
Chinese Stock Market Rally Fueled by Domestic Investors
Israeli Airstrike in Yemen Kills Houthi Prime Minister
Ukrainian Nationalist Politician Andriy Parubiy Assassinated in Lviv
Corporate America Cuts Middle Management as Bosses Take On Triple the Workload
Parents Sue OpenAI After Teen’s Death, Alleging ChatGPT Encouraged Suicide
Amazon Faces Lawsuit Over 'Buy' Label on Digital Streaming Content
Federal Reserve Independence Questioned Amid Trump’s Push to Reshape Central Bank
British Politics Faces Tumultuous Autumn After Summer of Rebellions and Rising Farage Momentum
US Appeals Court Rules Against Most Trump-Era Tariffs
UK Sought Broad Access to Apple Users’ Data, Court Filing Reveals
UK Bank Shares Dive Over Potential Tax on Sector
Germany’s Auto Industry Sheds 51,500 Jobs in First Half of 2025 Amid Deepening Crisis
Bruce Willis Relocated Due to Advanced Dementia
×