Featured Photo: By Henry aw from Wikimedia Commons. CC BY-SA 3.0. Source.
Earlier in the year I included in one of my news posts back in January about an inquiry begun into alleged widespread corruption in the British Overseas Territory’s political landscape and institutions that could not be addressed by the island itself and so has required an inquiry to be setup by the UK Government through the Governor of the British Virgin Islands.
I thought I’d look a bit more into this today. So, let’s get started.
Where did it Start?
It all kicked off back on 18th January of this year starting with an announcement
by the Governor of the British Virgin Islands. In brief the Governor of the islands is appointed by the British Monarch (on advice from the UK Government) to represent them on the island to handle its affairs at the highest level, chiefly the Governor appoints the Premier and Executive Council of the island following elections. So basically, the Governor is the de facto Head of State of the islands, the Chief Minister acts as the Head of the Islands Governing administration, and the Executive Council is the highest executive decision-making body on the island.
This statement would have been made by then Governor Augustus Jaspert before he was replaced by the new Governor designate John Rankin on 29th January, this had been expected since September 2020 and so is unrelated to the current inquiry.
Within the statement the Governor reminds people that he had brought up openly to the public a growing number of concerns and allegations in early December (2020) that related to standards of governance on the islands, and that the concerns had been put to the Governor from individuals across the island’s community, which included senior business leaders, public officers, community groups, media, as well as others. The Governor expressed that all this paints a worrisome picture.
He goes on to state that over the past months the community had felt confident to raise their voice for the first time and have many open and honest conversations, which he says is important although difficult due to being silenced. The Governor says the people of the British Virgin Islands have been heard.
The Governor in the state goes on to list the concerns and allegations. He highlights concerns over lack of transparency when it comes to public funds, especially related to COVID-19 stimulus support. Concerns over mismanagement of public projects, and that successive audit reports set out practices of political interference, inflated pricing, and conflicts of interest. The Governor alleges these may have cost the public purse millions of dollars (the territory uses the US Dollar as its currency) in recent years, and that there were no signs of improvements.
Also linked to this are concerns over transparency relating to government contracts with key concerns including lack of fair and open competition, conflicts of interest, and lack of value for money. The Governor also states it’s important to know how people are getting work so that equal opportunities exist for all.
Next are stated allegations of some political interference in some statutory bodies. The Governor states that are number of officers from these bodies came to the Governor over concerns of individuals being replaced with political allies and officers being coerced into circumventing protocol and taking improper practices.
It is also stated similar allegations exist within the public service as well, and even serious allegations of interference in the islands criminal justice system. Another serious allegation is of political intimidation taking place across the society of the islands, in the public service, and against the media, and that a growing culture of fear is being described.
On top of all the above the growing evidence of serious organised crime infiltrating the British Virgin Islands is also brought up. One such case stated in the Governor announcement took place in November (2020), when 2,300 kilos of cocaine, worth $250 million in street value, was smuggled through their borders.
The Governor goes on to emphasize that these are for now just allegations, but that they cannot be ignored and the Governor pledged to uphold his constitutional duty to support the people and to uphold peace, order, and good governance of the islands.
The Governor then lists attempted steps that had been taken to try and counter the issues of these allegations and other problems, including bolstering security of the Territory which also included UK support, and that legislative reform had also been pushed for but that it faced delays that they could only conclude were deliberate. The Governor also said local institutions had attempted to conduct their own inquiries, but were prevented from accessing information required.
With these options exhausted but the Governor not willing to give up, he went to a higher step by issuing a Commission of Inquiry, in accordance with the British Virgin Island’s Commissions of Inquiry Act. The Governor states this Commission of Inquiry can look impartially into matters of public concern. It further states the Commission will look into whether corruption, abuse of office, or other serious dishonesty in relation to officials either elected, statutory, or public, that may have taken place in recent years. If anything is found the Commission will consider such conditions that allowed it to take place and will make independent recommendations for improvement.
Furthermore, it says the process will be entirely independent and led by a senior impartial judge who comes from outside the Territory, in this case it will be the Right Honourable Sir Gary Hickinbottom (we’ll look into him more in a bit). The statements says that the Judge will have powers under the Commission of Inquiry Ordinance to collect evidence and summon witnesses, in such a way that local institutions were unable to do.
The Governor makes sure to state that this all has the support of his upcoming successor (John Rankin).
So that’s the crux of the Governor announcement that started this all off, announced the allegations and concerns, announced the localised attempts at dealing with the problems and how they failed, which was also a way to justify announcement of the Commision of Inquiry with expanded powers and headed by an experienced individual (judge) from outside of the Territory.
The Right Honourable Sir Gary Hickinbottom
So, who is the guy who is going to be leading the Inquiry? The Governor’s announcement actually already gives us a little bit of information about him. It says he has 45-years of judicial experience, which includes 20-years of being a Judge. One of his most recent is working as a Lord Justice of Appeal in the UK, which the statement makes sure to emphasize is one of the highest possible levels in our justice system. It also says that he worked as a Supreme Court Judge in the Falkland Islands and that he worked on a number of Caribbean legal cases during his career.
But what else is there? I mean that is a lot in of itself and is certainly worthy of leading an inquiry in the British Virgin Islands. But let’s go into some more detail. He was born on 22nd December 1955, little is known about his early life, which isn’t much of a surprise as he is not well known, really the only information we have is from when he was admitted as a solicitor in 1981, and would become a partner with McKenna & Co, which later partnered with the international law firm CMS.
In 1994 he became a Recorder, which can have several meanings and can also be honourific, but it would seem in the case of Hickinbottom it was most likely a title for part-time circuit judge before he became a full-time circuit judge in 2001.
It makes most sense that Recorder in Hickinbottom’s case would have meant part-time circuit judge as that has been a meaning of that role since 1971 and is eligible to barristers or solicitors of at least 7-years-standing which Hickinbottom had been a solicitor 13-years by that point.
Hickinbottom would go on to become Chief Social Security Commissioner and Child Support Commissioner in 2003, and then Chief Pension Appeal Commissioner in 2005. He had also been approved to sit as a deputy High Court Judge, noted on the nds website when he was appointed as a High Court Judge himself in 2008 (only the 4th solicitor to have been appointed to the position), where he was assigned to the Queen’s Bench Division.
He became Sir Gary Hickinbottom when he was knighted by the Queen at Buckingham Palace in 2009, one can assume this was for his services to the judicial system, although this is not specifically stated anywhere, I could find. Finally in 2017 Hickinbottom was appointed a Lord Justice of Appeal, which also made him a member of the Privy Council of the United Kingdom by customary default, the body exists to advise the British Monarch, in this Sir Gary Hickinbottom became The Right Honourable Lord Justice Sir Gary Hickinbottom.
So, as you can see, he has come a long way all the way from solicitor to second highest level of judge in the courts of England and Wales. There is little reason to doubt his ability to conduct an inquiry in the British Virgin Islands.
Commisioner’s Press Conference Statement – Inquiry Workings and Stages
On the 22nd January the Commission of Inquiry held a press conference through The Right Honourable Sir Gary Hickinbottom, which the Governor had said in his own announcement would take place in the near future, for reasons of transparency and so on.
The statement ascertains a number of things we already know, such as why they were appointed and to do what. So, to consider whether corruption, abuse of office or other serious dishonesty may have taken place amongst public, elected, and statutory officials in recent years.
The commissioner (Hickinbottom) makes clear that although he has considerable powers, the Commission is not a court of law and as such it is not a part of his role to ascertain whether individuals in public office have been guilty of a crime or serious dishonesty. His role is to consider all information submitted, and make findings if anyone in public service may have been guilty of corruption, abuse of office, or serious dishonesty. He says he could (after conduction of Inquiry) choose conclude there is nothing possibly amiss, and that would be the end of it, or if there are substance then he can make many recommendations for actions to be taken and/or whether any criminal proceedings should be brought against any individuals.
Hickinbottom says he was sworn in that very day and that his work will begin from that day (22nd Jan), supported by his team the Secretary to the Inquiry Mr. Steven Chandler, and the Solicitor and Counsel to the Commission who at that point were yet to still be appointed. He says that they must have the inquiry produce a report within six months (by July of this year) under the Terms of Reference.
He requests for anyone with information to send it to them to assist the inquiry. He says that it is easiest to do this electronically. An independent website for the commission was launched (bvi.public-inquiry.uk) which includes information about the inquiry and a portal for anyone to raise queries or submit information falling within the Terms of Reference. The website will provide ways to send the information, such as via email and Whatsapp, but that postal is also available for those who find that easier, although the postal address is setup in the UK, but Hickinbottom did state they would see if it were sufficiently safe and secure to have a drop box there (on the islands).
Members of the public and public service are strongly urged to come forward if they have information. Hickinbottom also said he would be inviting people of whom he believes can assist the inquiry to come and talk with him, sessions are proposed to be held at various locations on Tortola (the main island) and the sister islands. Hickinbottom does say people can request to engage with the inquiry via different means or privately.
For those afraid to come forward Hickinbottom promises a rigorous system for honouring and ensuring confidentiality, with the website asking anyone who provides information if they’d wish the information and their identity to remain confidential, meaning such information will not be shared outside the inquiry team and would be treated in strictest confidence. Hickinbottom also says people coming forward have immunity to prosecution with the information they provide, although they can still be prosecuted for perjury, contempt, and if other information arises implicating them.
After the above voluntary stage of providing information to the inquiry Hickinbottom says the next phase will begin, where powers to collect information and summon individuals to provide information can be used if required, making contact with those who already provided information to request other possible information, and contacting individuals implicated by provided information.
Hickinbottom says he expects focus to be on received written information although it will be considered whether oral evidence from witnesses would be helpful, including oral testimony from those implicated so they have full and fair opportunity to respond. Hickinbottom says any such hearings aim to be held shortly after Easter on his proposal, and in any event completed by the end of May.
Whether the hearings are public or not will also be considered and whether they should be live online or whether parts of the hearing should be heard privately in camera. Witnesses are able to appoint their own lawyer to ask questions when called to hearings.
Hickinbottom expects formal hearings to be concluded by the end of May, and then the final stage will be for Hickinbottom to write a report and make recommendations to the Governor of the British Virgin Islands.
Terms of Reference
Above the Terms of Reference are mentioned a number of times so I thought I’d lay them out here as well. These Terms of Reference were released on 19th January as a part of the Instrument of Appointment for the inquiry. The Terms of Reference are laid out in 6-points.
Number 1 – To establish whether there is information that corruption, abuse of office, or other serious dishonesty in relation to officials, elected, statutory, or public may have taken place in recent years.
Number 2 – If there is such information supporting the above allegations and concerns, to then consider the conditions which allowed such corruption, abuse of office, or other serious dishonesty to take place and whether they still exist.
Number 3 – If considered appropriate, to make independent recommendations with view to improving standards of governance, give people of British Virgins Islands confidence that government is working in a fair, transparent, and proper manner.
Number 4 – If considered appropriate, to make independent recommendations with view to improving operation of agencies of law enforcement and justice.
Number 5 – If the Commissioner (Hickinbottom) considers at any time a change to these Terms of Reference would be beneficial to public welfare in achieving objectives of the inquiry, to inform the Governor of the British Virgin Islands at first opportunity.
Number 6 – Prepare and submit a report to the Governor within six months of commencement of Inquiry, making all such recommendations as seem fit provided Governor may extend the period of submission of the report to a period no longer than nine months from the date of the Inquiry.
Basically, it lays out the guidance and terms the inquiry is conducted under, with room for them to possibly be changed via request of the Commissioner to the Governor.
What’s the Latest?
So now the commission of inquiry has been explained, and we have looked into why it begun and who is heading it, let’s look into what has been the latest from this very inquiry itself.
First of all, there was a press release on the 1st February that notified the media and public that the commissioner would be visiting the smaller sister islands a part of the British Virgin Islands, these are Anegada, Jost Van Dyke, and Virgin Gorda. While here he was available to the residents to speak with them, and he was able to explain how the inquiry would work, what its purpose was for, and how people can get involved if they wished to.
The press release detailed where he would be located on each of these islands and from what times and also explained meetings could be 1-to-1 or held in private. There was also contact information to the Secretary of the Commission Steven Chandler who published the press release itself, for anyone to contact him for any questions related to visits.
This press release was given three days in advance of the visits (29th Jan).
On the 3rd February there was a press release notifying that the position of counsel to the Inquiry had been appointed. Hickinbottom recommended that the Attorney General of the British Virgin Islands, the Honourable Dawn J. Smith, to appoint Mr. Bilal Rawat into that position, which was carried out.
In response to the appointment being made the Commissioner gave praise to Rawat’s relevant expertise and experience, and that he would be an invaluable member of the inquiry.
The press release also gave us some information on Mr. Rawat. It explains he was called to the Bar of England and Wales in 1995, he was later appointed to the Attorney General of England and Wales’ in 2015 which is a Panel of civil counsel. He has also been a member of the Special Advocate Panel since 2009. It goes on to explain that he has particular expertise in relation to inquiries as well as civil and public law.
So, to me it sounds like he is certainly fit for the position.
The very next day we got another press release for an update on the course of the inquiry. It explains that given the limited time frame it is important for the inquiry team to split their time between the British Virgin Islands and the UK. As such the Commissioner (Hickinbottom) and the Secretary to the Commission (Chandler), departed from the British Virgin Islands on Feb 4th to the UK after their productive visit to the sister islands.
It goes on to say that these visits were extremely useful to identify areas and issues for the Commission to focus its initial attention. It then explained that they were returning to the UK to consult with the recently appointed counsel (Rawat) to consider initial wave of information received. The Commissioner will then consider with the counsel of the inquiry on how best, and whom, to seek further information.
It is stated their intention is to return to the British Virgin Islands before Easter for the next phase of the Inquiry. It is stated proposed oral hearings will take place in the Territory after Easter to then be concluded no later than end of May. It is stated that information could still be sent via the inquiry website and that remote meetings could also be arranged via applications such as Whatsapp.
The next press release came on 15th February detailing the start of the next phase which is expected to last several months. It involves seeking further information and documentation but predominantly from public officials, both elected and statutory.
The Commissioner also states that he was informed and welcomes that the British Virgin Islands Government policy pushes for all ministries, departments, statutory bodies, and Government-owned entities to provide appropriate and timely cooperation with the inquiry. The British Virgin Islands Attorney General is being assisted by Withers Solicitors to coordinate and implement this policy.
The Commissioner also reminds the British Virgin Islands population, in particular the public officers, that there is nothing to prevent those in the public office with concerns bringing such directly to the Commission, no matter what policies the British Virgin Islands Government adopts.
The very latest press release came on the 26th February and was an update to the previous press release. It explains that the Commissioner is currently happy with the level of cooperation it is receiving from the British Virgin Islands Government on the inquiry and so for now is not using powers that require information and documents to be submitted via obligatory summons and instead initially making requests for voluntary disclosure.
It then says that some point this week there will be a statement released on how the Commissioner expects requests for information and documentation to be met. It will also outline how the Commissioner intends to enforce production of documents and information if requests for voluntary disclosure are not met.
Up to Date
So that’s where we are for now with the Commission for Inquiry on the British Virgin Islands. It is obvious that I hope this will be successful and lead to improving of political conditions and concerns on the British Virgin Islands. I will be keeping an eye on it for any further updates and may make another post on it in the future.
Thank you for reading this post, if you have any queries please Email me, you can find my Email in the Contacts & Community section. Please also follow The Weekly Rambler on Twitter, Reddit, Pinterest and Facebook which you can access through the buttons at the bottom of this website. You can also use the social media buttons under each blogpost to share with your family, friends and associates. You can also subscribe to Email notifications at the right-side of this website to know whenever a new post goes up (you can easily unsubscribe from this at any time through a button in each Email notification), or alternatively you can use an RSS Feed Reader. Please also join my FB Group The Weekly Ramblers Readers Group where readers can more easily talk with each other and also with me whenever I am on, you can also find it in Community.