The recent decision made by the Supreme High Court to administer legal charges totaling more $77,000 for the now withdrawn injunction which was filed against the Commission of Inquiry attorneys, is now being described as an act of interference against the BVI Legislature.
This assertion comes from the Speaker of the House of Assembly Julian Willock who is the subject in the case which is still being deliberated by Justice Adrian Jack who is presiding over the matter.
Speaking during the opening of the 12th Sitting of the 3rd Session of the 4th House of Assembly on Wednesday September 22, Speaker Willock expressed his discontent with the recent decision.
He started, “There has been much public discourse within the last week about a matter that is in the court, as to who is to pay the legal costs for the withdrawal of an injunction brought before the courts in my official capacity as Speaker to prevent the three Attorneys attached to the Commission of Inquiry from carrying out duties in relation to their appointments until and unless their appointment is deemed to be valid, in keeping with the Legal Professions Act of 2015.”
He added, “Never in recent jurisprudence in the region or the United Kingdom has there been an issue when a plaintiff brings a matter to court, loses or withdraws, that the case goes to a legal or public debate about who will take up the cost.”
Overreach by judicial branch
Willock labelled the decision as an overreach of the judicial branch, stating that it was clear in the wording of the application filed that he was acting within his capacity as Speaker of the House of Assembly in the matter.
He believes that by filing the matter in his capacity as Speaker, there should not have been a debate surrounding who was at fault for paying the more than $77,000 bill.
“It is highly unusual for the Court to require a party to prove how their lawyers are being financed. Many have argued that this is an overreach of the judicial branch, with no regards or respect for the three equal branches of government. I concur and further view it as Judicial activism and interference against the Legislature, as the House of Assembly has the right to bring any matter to court, independent of the Honourable Attorney General,” Willock stated.
“That is why, from 2004, this House, in its wisdom, voted to set up an account via the Budget process within the House of Assembly for such actions, under the ambit of the Clerk. I will not speculate as to why suddenly, it is a concern for a British Judge, as to who pays for a matter that was clearly stated in all filings coming from the Speaker and the Deputy Speaker,” he further explained.
Speaker Willock believes that this latest development by Justice Jack poses a threat to the democracy of the territory and threatens to undermine and intimidate the BVI legislature.
A decision on who will pay the legal bill is yet to be ruled by Justice Jack.