Beautiful Virgin Islands

Tuesday, Jun 24, 2025

Jury Act an ongoing travesty of justice- R. Dancia Penn-Sallah QC

“There is an ongoing travesty of justice in this country, and it is that of the jury system. The Jury Act of 1914 is contrary to the rule of law; it is a violation of the constitution and all principles of democracy that we still have that Jury Act on our books. I speak for the profession when I make a call for a very urgent rectification of that.”

Those were the firm words of former Deputy Premier and Member of the Inner Bar, Mrs R. Dancia Penn-Sallah QC while delivering remarks at the opening of the New Law Year of the Eastern Caribbean Supreme Court (ECSC) at Sakal Place on Monday, January 13, 2020.


‘Many of the laws on our books need to be revised’

The veteran Attorney also issued a call to the Virgin Islands’ legal fraternity to become advocates for social policies and laws.

“This is a real place, with real people and many of the laws on our books need to be revised, and I know we have a government that is receptive to change, and I think we at the bar can be a great assistance and be stronger advocates for especially social policies and social legislation.”

According to Penn-Sallah, in the same way the legal profession advocates for commercial legislation, she believes it is important that it becomes more involved in advocating for policies, and for the enactment of legislation that could help strengthen the social fabric and to promote social justice. “Because it matters,” the former legislator added.


Unfortunate occurrence

While Mrs Penn-Sallah did not go into the details of the Jury Act of 1914, which has seen many amendments over the century of its existence, and where it was in violation of the constitution and a travesty to justice, our newsroom understand there are certain provisions in the law that lawyers have issues with.

It was in October 2019 that Justice Ann-Marie Smith ordered that the 2019 jury list be squashed and a new list be drafted because she felt there were several defects with its composition, including that there was not enough representation from the sister islands.


As a consequence, trials from last October had to be adjourned to January 2020.

Justice Smith had said there was no explanation provided to the court that an effort was made to properly remedy the error and deficiencies of the jury list, which were raised in July of 2019, despite the opportunity to do so.

Shortly after putting a heavy foot on the issue, which had a major effect on some high profile cases, Justice Smith was reassigned to Antigua and Barbuda and His Lordship Justice Trevor Ward, QC was assigned to the Virgin Islands.

The quashing of the jury list and the cancellation of the High Court was described as an unfortunate occurrence by Senior Resident Judge Vicki Ann Ellis, who stated it’s something no court or government wishes to see happen or recur.

Ellis, in her address at the January 13, 2020 Special Sitting, said the matter brought to the fore a concern that has been growing blatantly for many years in the Territory.

She noted the problem has been in existence well before the persons who are currently responsible for applying the Virgin Islands Jury Act, “Unfortunately, though the experience was, it has been a catalyst for constructive progress.”

“It commenced a policy dialogue which is founded in every dynamic society which is ongoing even here today. It is hope that we will finally see the reform of the Virgin Islands Jury Act for the benefit of all of concerned.”


Legislation may take some time- Premier Fahie

Turing her eyes to where the Premier and Minister of Finance Honourable Andrew A. Fahie (R1), other Ministers of Government and Members of the House of Assembly were sitting, Justice Ellis said, “I understand unfortunately that process has been retarded of late but I would urge all legislators to prioritise this matter in the first half of 2020.”

It is her contention that when public safety and security and liberty of subjects are at stake, “There is always a need to act promptly even though with due deliberation.”

In anticipation of this Justice Ellis said that they have taken a review and revision of the jury handbook and it is now in the hands of the Territory’s registrar for publication.

Premier Fahie, speaking to the media following the Special Sitting, agreed there is need for the modernisation of legislations, “Not only for some of the direct thing that they may need in the Magistrate’s Courts, or etcetera, but also legislations to open up the economy. That is why our legislative agenda this year was delivered by the Governor but is the legislation of the sitting government, done by the sitting government, delivered by the Governor but is now tied in the budget for 2020 so that now we have a working work sheet which we give to each ministry.”

The Leader of Government Business noted; however, he could not commit to the court’s call for legislative reform by the mid of 2020.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
“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
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
×