I go over the current inquiry in the British Virgin Islands that is looking into political corruption and intimidation. I go over how it begun, who's leading the inquiry, and the latest of what has happened so far.

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Post author By Charlie March 1, 2021
Looking into the British Virgin Islands Inquiry – Where
are we at?
theweeklyrambler.com/looking-into-the-british-virgin-islands-inquiry-where-are-we-at/
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?

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Gus Jaspert, former Governor of the British Virgin Islands. Contains public
sector information licensed under the Open Government Licence v3.0.
It all kicked off back on 18 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 29 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
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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

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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
22 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 4 solicitor to
have been appointed to the position), where he was assigned to the Queen’s Bench
Division.
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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
Image by Alexander Lesnitsky from Pixabay
On the 22 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,
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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 (22 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.
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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?

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Image by Free-Photos from Pixabay
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 (29 Jan).
On the 3 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.
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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
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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.
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