Beautiful Virgin Islands

Monday, Sep 01, 2025

'I would go down fighting against' judge-only trials- Hon Fraser

'I would go down fighting against' judge-only trials- Hon Fraser

Legislators in the Virgin Islands are debating the Virgin Islands Jury Act 2022, which is seeking to address several issues with the local jury pool and expand its selection, in addition to bringing reforms in keeping with the Commission of Inquiry (CoI) recommendations.

The bill entered the debate stage on October 18, 2022, during the Continuation of the 7th Sitting of the Fourth Session of the Fourth House of Assembly and was introduced by Premier Dr the Hon Natalio D. Wheatley (R7) and Seconded by Minister for Health and Social Development Hon Marlon A. Penn (R8).

New bill to replace 1914 act


The original 1914 bill was part of a court case that resulted in no-Jury trials after the former Director of Public Prosecutions Kim Hollis QC successfully challenged the jury list in court.

Ms Hollis had raised issues with the use of the voter registry to select jurors, which in itself excluded long-term non-belongers.

According to the report on the deliberations of the Standing Finance Committee (SFC) held between November 20 and 29, 2019 at the Office of the House of Assembly in Road Town, Tortola, Miss Hollis detailed how the selection should be made.

"The Jury Act advocates that anyone who has been resident of the BVI i.e. an Alien for over 10 years is eligible to serve as a Juror. Additionally, persons between the ages of 21 – 60 are eligible to sit as Jurors on Jury Trials in the BVI," she said.

However, The Office of the Director of Public Prosecutions (DPP) had been drawing jurors from the list of eligible voters which at the time also excluded long-term non-belongers from ever being selected.

Given that this revealed a fundamental flaw that excluded a large category of residents from becoming jurors in the local court system, a judge ruled in favor of Ms Hollis and found that the voters' list used for jury selection was actually unconstitutional.

CoI recommendations called for judge-only trials


CoI Commissioner Sir Gary R. Hickinbottom in his recommendations had also called for greater reforms to the act as well as for judge-only trials to be considered urgently as part of Recommendation B43.

According to the commissioner, “I recommend that consideration is given to revising the Jury Act in two respects. First, consideration should be given to increasing the size of the pool of jurors by (e.g) changing the criteria to enable those who are long-term residents to sit on juries. Second, consideration should be urgently given to granting the court wider powers to hear judge-only criminal trials,” the CoI report detailed.

Opposition Leader Hon Julian Fraser RA (R3), during yesterday’s debates; however, pointed out that the recommendations were troubling especially as it relates to no-jury trials.

“This piece of legislation appears to me somewhat like a hurricane because I heard about it before I saw it. I heard so much about it.”

Judge only trials 'a horror' - Hon Fraser


Hon Fraser continued, “And the horror that I heard about this that I was waiting for was trials without a juror or jury and that peaked my ears, Madam Speaker.”

The senior legislator further said, “I was wondering to myself who in their right mind could ever contemplate such a travesty of justice, where a person will be deprived of one of the fundamental cornerstones of justice, which is to be tried by his own peers, a jury of his peers, and turn that responsibility over to a single judge.”

Hon Fraser said it would have been something he would go down fighting against as it related to no-jury trials supported by legislation.

“But I'm glad that this is not in this bill. I heard the premier mentioned as being part of the recommendations from the Hickinbottom report, it just goes to show, Madam Speaker, the depths to which they were willing to go,” he further added.

Ahead of today’s reading, the original 1914 bill was part of a court case that resulted in no-Jury trials after the former Director of Public Prosecutions Kim Hollis QC successfully challenged the jury list in court.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
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
French and Korean Nuclear Majors Clash As EU Launches Foreign Subsidy Probe
EU Stands Firm on Digital Rules as Trump Warns of Retaliation
Getting Ready for the 3rd Time in Its History, Germany Approves Voluntary Military Service for Teenagers
Argentine President Javier Milei Evacuated After Stones Thrown During Campaign Event
Denmark Confronts U.S. Diplomat Over Covert Trump-Linked Influence in Greenland
Starmer Should Back Away from ECHR, Says Jack Straw
Trump Demands RICO Charges Against George Soros and Son for Funding Violent Protests
Taylor Swift Announces Engagement to NFL Star Travis Kelce
France May Need IMF Bailout, Warns Finance Minister
Chinese AI Chipmaker Cambricon Posts Record Profit as Beijing Pushes Pivot from Nvidia
After the Shock of Defeat, Iranians Yearn for Change
Ukraine Finally Allows Young Men Aged Eighteen to Twenty-Two to Leave the Country
The Porn Remains, Privacy Disappears: How Britain Broke the Internet in Ten Days
YouTube Altered Content by Artificial Intelligence – Without Permission
Welcome to The Definition of Insanity: Germany Edition
Just a reminder, this is Michael Jackson's daughter, Paris.
Spotify’s Strange Move: The Feature Nobody Asked For – Returns
Manhunt in Australia: Armed Anti-Government Suspect Kills Police Officers Sent to Arrest Him
China Launches World’s Most Powerful Neutrino Detector
How Beijing-Linked Networks Shape Elections in New York City
Ukrainian Refugee Iryna Zarutska Fled War To US, Stabbed To Death
Elon Musk Sues Apple and OpenAI Over Alleged App Store Monopoly
2 Australian Police Shot Dead In Encounter In Rural Victoria State
Vietnam Evacuates Hundreds of Thousands as Typhoon Kajiki Strikes; China’s Sanya Shuts Down
UK Government Delays Decision on China’s Proposed London Embassy Amid Concerns Over Redacted Plans
A 150-Year Tradition to Be Abolished? Uproar Over the Popular Central Park Attraction
×