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Police Act tweaked to facilitate DNA samples

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Legislators tweaked the existing Police Act this month to facilitate the collection of intimate samples for DNA tests, but they have shelved a previously proposed bill designed to bring a comprehensive overhaul to policing in the territory.

Premier Dr. Natalio “Sowande” Wheatley introduced the Police (Amendment) Act 2023 on March 9, and the HOA voted to fast-track the debate the same day.

During its second reading, Dr. Wheatley stressed the need for modern and effective crime prevention legislation that also respects individuals’ freedom.

The premier previously withdrew the much heftier Police Act, 2023 on March 2, saying he would re-introduce a brief bill in its place that would allow police to conduct DNA testing with warrants but would omit previously proposed amendments that critics have said could compromise civil rights.

On March 9, he thanked the public for feedback on controversial provisions in the previous bill, which he said he introduced on behalf of Governor John Rankin.

“It is because of you that we are able to present an even greater, safer, more modern bill,” he said. “In the newest edition of the bill, consent must be given in order to take or record an intimate sample.”

If a person refuses consent, the sample can only be taken after law enforcement justifies their reasoning in writing and obtains an order signed by a magistrate or High Court judge, he said.

Sample destruction

The sample must be destroyed if the accused is acquitted, if the prosecution does not proceed with a charge, or if proceedings are discontinued, according to the premier

“The men and women who make up the Royal Virgin Islands Police Force are aware that they must be accountable for any action executed and any decision made while on duty,” he added. “They must justify their reasoning and illustrate it is of sound judgement, that it is fair, and that it is sensible.”

This bill also includes fines for officers who unjustly use those powers.

Dr. Wheatley said the pared-down bill will at least provide essential assistance for the government to investigate and prosecute crimes, particularly unsolved murders and sexual assaults.

“The further modernisation of the Police Act will be for the next House,” he added.

Unsolved homicides

HOA members lent their support for the bill, including Opposition Leader Julian Fraser, who raised concerns about the previous iteration’s provisions that would have allowed police to take samples without warrants or consent.

He also commended the premier for pushing the legislation forward while still listening to public outcry.

Other HOA members who briefly voiced support include Deputy Premier Kye Rymer; Health and Social Development Minister Marlon Penn; Natural Resources and Labour Minister Mitch Turnbull; Education, Youth Affairs and Sports Minister Sharie de Castro; Deputy Speaker Neville Smith; and government backbencher Carvin Malone.

Mr. Rymer noted that a dozen murders over the past five years remain unsolved, and he expressed hope the bill would assist police in investigating homicides. Following a brief closed-door committee debate, House members unanimously passed the shortened Police (Amendment) Act, 2023 with amendments.

The bill was not Gazetted before the Beacon’s deadline on March 15.

Previous delays

The March 2 withdrawal of the larger bill came despite Cabinet’s previous approval of it on Jan. 31, when Cabinet members decided to send it to the HOA. Two days later, Dr. Wheatley introduced the bill in the House after members voted to add it to the agenda for the day.

Debate was subsequently scheduled for Feb. 11, but it was postponed after the bill drew criticism from residents who suggested that certain provisions could threaten civil liberties.

The recent delays were not the first for the bill, which would have replaced the existing act originally passed in 1986 and most recently updated in 2013, the premier said last month.

“In 2015 the National Security Council considered and approved a new Police Act, and this bill was first introduced in the House of Assembly in 2018,” he said. “As security is a matter that falls under the remit of the governor, this bill would have been prepared through the collaboration of the Deputy Governor’s Office, the police [and] the attorney general with input from the director of public prosecutions. The premier brings the bill to the House of Assembly on behalf of the governor.”

The 2018 version of the bill, however, was not passed by the third HOA at the time, and it was introduced again under the current HOA shortly after the 2019 election.

The current HOA was dissolved on March 10.



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REPORTER’S NOTEBOOK (June 8, 2023)

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A question of import

A Beaconite who imported a Toyota jeep from Japan shortly after Hurricane Irma was confused by a recent claim made by the director of the Department of Waste Management. “Many persons bring vehicles from Japan and so forth and it is very difficult to get parts when it starts giving problems, and they would take these vehicles and put them on the side of the road and in public parking lots,” the director said in a government press release. “It is a nightmare — a safety issue — and it breaks down the beauty of our territory. If people bring in these vehicles, they need to be more responsible and do not put them on the side of the road for the government to deal with.” The director was partly correct: Derelict vehicles are certainly a major problem in the territory, and owners should properly dispose of them. But the Beaconite sees no reason to blame the issue on Japanese imports. Indeed, very few of the many derelict vehicles he sees on the roadsides are Japanese, and in any case the problem long preceded the popularity of such imports in the Virgin Islands. In his view, the root of the problem is much simpler: The government has doggedly refused to enforce its own laws. Currently, the law allows government to charge owners for the removal of any vehicle they abandon. But the Beaconite wonders if this has ever actually happened. He suspects not. In recent years, he has also heard politicians complain about Japanese imports, and he strongly suspects that they sound this refrain in the service of influential car dealers irked that potential customers are sidestepping their services. Perhaps there is a good reason to restrict imports. But if so, the Beaconite hasn’t heard it yet. So if leaders move forward with that plan, they should first find a better excuse than illogically blaming Japanese imports for the derelict vehicle problem. And in the meantime, they should enforce their own laws, even if it upsets a constituent or two. By the way, the Beaconite’s 2008 Japanese jeep is running fine, and he has never had any problem finding parts for it. He was also very glad for the option to buy it, because the prices charged by many car dealerships in the VI are sky high.

 

Up, up and away!

The Virgin Islands certainly offered a warm welcome last Thursday to the passengers arriving on the first direct flight from Miami. A Beaconite was among the packed crowd that eagerly viewed the arrival of the plane from the second floor of the Beef Island airport, pressing up close to the windows to view touchdown. Like many would-be travellers, the reporter is hoping to take advantage of the more convenient travel option — if the cost comes down and availability goes up. She is in her first long-distance relationship, and it at least offers some peace of mind to know that she and her boyfriend are only one flight apart now. Though this week has been rocky for the airport, she hopes the new service heralds a moment of positive progress for the territory.

 

The famous Foxy

A Beaconite recently had a brush with fame as she got to meet Feliciano “Foxy” Callwood in person for the first time. She was celebrating a friend’s birthday a few weeks ago at the Willy T when she encountered a small crowd by the boat’s entrance. Mr. Callwood was enjoying a day out on the water with family, and the Beaconite got to enjoy a brief chat with the well-known founder of Foxy’s Tamarind Bar. It was a pleasure to finally shake hands with someone who has done so much to promote the Virgin Islands, and it’s certainly a moment she’ll treasure.

 

The post REPORTER’S NOTEBOOK (June 8, 2023) first appeared on The BVI Beacon.

The post REPORTER’S NOTEBOOK (June 8, 2023) appeared first on The BVI Beacon.



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Message By Dr.The Honourable Karl Dawson

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Happy World Oceans Day!

Legendary caribbean musician Harry Belafonte sang the famous line, “Oh, island in the sun, willed to me by my father’s hand, all my days I will sing in praise of your forest, waters, your shining sand.”

Being surrounded by water is part of the very definition of a being an island. As islands, we don’t exist without the ocean.

In fact, we are more ocean than land! When we consider The Virgin Islands’ 200 nautical-mile Exclusive Fisheries Zone, we have more than 500 times more ocean real estate than land.

Our ancestors had a very close and personal relationship with the sea. We come from a long line of sea-faring people for whom our waters were a means of survival. Those traditions are reflected today in The Virgin Islands being the sailing capital of the world. Yet, today we do so much to impact our marine environment, we know so little about our waters – the life that inhabits them and the other resources that lurk beneath the sea, and we have yet to really capitalize on our “Blue Economy.”

As we join the world in celebrating World Oceans Day, today June 8, under the theme “Planet Ocean: Tides are Changing,” let us pause to reflect on our marine environment in The Virgin Islands. How is it changing; how can it better serve us; and how can we better protect it to ensure its benefits can be reaped for generations to come?

So, how it is changing?

The truth is, we don’t have nearly as much data as we should but we do know that the general state of our marine environment is declining. We see the symptoms in sensitive ecosystems like coral reefs which are bleaching, becoming diseased and covered in algae due to a myriad of impacts, many of which we can control.

As one indicator, we know that Stony Coral Tissue Loss Disease has now infected coral at more than 45 of our dive sites, including sites that are fisheries protected areas and RMS Wreck of the Rhone, our only marine park.

I am pleased to say that by World Ocean Day next year, we should have a much better understanding of coastal water quality in the Territory through expanded and new testing that will be supported under the project “Strengthening The Virgin Islands’ Water Quality Monitoring Programme” with the European Union (EU) funding through the Resilience, Sustainable Energy and Marine Biodiversity Programme (RESEMBID).

The second question – How can it better serve us?

You’ve probably heard the buzz term, the “Blue Economy”. According to the World Bank, the Blue Economy is the “sustainable use of ocean resources for economic growth, improved livelihoods and jobs, while preserving the health

of the ocean ecosystem.” The Blue Economy has been recognized as a growth opportunity for both developed and developing countries.

What does the Blue Economy mean for The Virgin Islands specifically?

  • It could be mean the growth of fisheries as a third pillar of our economy.
  • It could mean harnessing marine renewable energy – that is energy harnessed from the natural movement of water, including waves, tides, and ocean currents.
  • It could also mean exploring the tourism potential of our marine environment outside of sailing, swimming and diving. For example, very initial research by Beyond the Reef has found over 4 species of whales and 2 species dolphins in the waters north of Anegada. We are just starting to understand the extent and behaviour of these magnificent creatures in our waters and their presence may hold potential for eco-tourism.

In November 2022, Cabinet approved the Strategic Blue Economy Roadmap, which was developed with support from the United Nations Development Programme.

The Blue Economy Roadmap outlines the direction and development pathways for future investment in and development of a sustainable ocean-based economy in The Virgin Islands. Specifically, the Roadmap aims to create a revitalisation process that results in healthy ecosystems that are able to sustain growth in a number of economic sectors and provide an opportunity for building equitable societies. In other words, the Roadmap provides the framework to ensure that the sort of opportunities highlighted a few moments ago can be realized, and this Government commits to its implementation.

And the third and most important question – How can we better protect it?

As signatories to the St George’s Declaration of Principles for Environmental Sustainability in the Organishation of the Eastern Caribbean States (OECS) ,better protection of our marine environment is incumbent upon us.

When the Premier shared his message for World Environment Day just a few days ago on June 5, he highlighted that he looks forward to sparking an Environmental Revolution in The Virgin Islands over the next 4 years and will be soon coming to the public to outline that vision and how you can be a part of it.

Leveraging and better protecting our marine environment will be part of that Environmental Revolution and, today, I’ll highlight just a few things that will include:

  1. Reconnecting the youth to the ocean – If our efforts to protect and harness the benefits of our waters are to be sustainable, we have to reconnect our youth to the sea. Every child’s education should include environmental education, including experiential learning at sea. No child should, for instance, grow up without the awe-inspiring experience of seeing a coral reef.

       2. Increasing the percentage of our marine real estate that is protected. There is a global movement to protect            30% of our blue planet by 2030. Over 50 countries have committed to the goal of 30% marine protected                  area  by 2030. You may be shocked to know that the percentage of the Territory’s marine environment that              is protected is just 0.06%. Virgin Islands – we can and will do better than that! Under this Administration, we            will work through the National Parks Trust and the Ministry of Environment, National Resources and Climate            Change to significantly increase that percentage by crossing the finish line to declare proposed national                   parks under the Protected Areas System Plan.

          The science and evidence on protected areas is clear. They are critical to ensuring the overall health of our              marine environment and actually serve to enhance our fisheries.

      3. Investing in marine monitoring and restoration programmes, including for coral reefs and related                              ecosystems, including seagrass beds, mangroves and salt ponds.

      4. Unlocking resources from the Environmental Protection and Improvement Fund to support this important                  work. Just earlier this week we saw the re-establishment of The Virgin Islands Climate Change Trust Fund              Board which will receive a percentage of the Fund as well the National Parks Trust.

       5. As I close, let’s remember that these beautiful islands and the ocean that is an integral part of our existence             were willed to us by our fathers’ hand. Let us not take our land and our waters for granted.

Remember that you have an important role to play as individuals. Kids, remember the words from Finding Nemo, “All drains lead to the ocean.” Whatever you dispose on land ultimately ends up in the sea! And, landowners, homeowners and farmers, remember that all soil, debris and pollution that washes from your land also ends up in the sea. Let’s all be better stewards of our ocean by being better stewards of our land! Again, Happy World Oceans Day!



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Cartoon (June 8, 2023)

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