*/
Kim Hollis QC thought her first year as DPP for the British Virgin Islands would be an adventure, but Hurricanes Irma and Maria swept away not only her house, but the Islands’ prisons and entire criminal justice system
On 29 August 2016 when I took up office as Director of Public Prosecutions (DPP) of the British Virgin Islands (BVI), I knew I was embarking on an incredible journey.
But I had no suspicion, as I left the islands on the conclusion of my first year in office, that my ‘ordinary days’ were gone and ‘extraordinary days’ were to become the norm.
There is no typical day and I never really know what will happen when I walk into the office. The DPP is responsible for personally signing every single criminal complaint/indictment before the courts and thus is answerable as such on a daily basis. My day usually commences considering arrest matters as quickly as possible so that the defendants can be produced in court, as well as indictments drafted by my counsel and dealing with evidential matters as and when they arise in ongoing cases. In addition to court appearances at all levels, the DPP personally drafts and has the conduct of all cases in the Privy Council.
The first real shock to the system, when I embarked within a month prosecuting my first case (double murder), were the long court hours of 9am-5pm, following which I return to the office to respond to emails, letters and messages of the day, as well as consulting with my counsel who invariably needed assistance after their equally long days in court. The criminal courts comprise a Visiting Court of Appeal (once per law term), a single High/Crown Court and two resident simultaneous magistrates’ courts trying serious offences with lengthy maximum powers of sentence.
The daily diet of the DPP also includes advisory meetings with the Governor in relation to all aspects of the criminal justice system/legislation reform, being answerable as Head of Department for staff, budget and the implementation of whatever new government policies had come into force. The DPP sits in on the Child Abuse Investigation Team (CAIT) meetings in relation to vulnerable children in the territory, chairs meetings with the Commissioner of Police, co-chairs meetings with the United State Virgin Islands Police and The Financial Services Commission, as well as formulating domestic violence policies, amongst others.
In September 2017, Hurricanes Irma and Maria swept away the criminal justice system of the BVI. In just a few hours our court houses were destroyed, throwing open the doors of the prison, releasing desperate convicted child sexual offenders as well as murderers. From London, home on a scheduled visit, I tried to ensure the safety of my prosecutorial staff, stranded all over the island without communication. The judiciary was escorted from the islands to St Lucia and beyond, but my prosecutors, who had ensured convictions and lengthy sentences, were left vulnerable. The long days in London for the first month after Irma necessitated huge helpings of re-assurance to staff who had been severely traumatised by the hurricane, as well as daily communications with the Commissioner of Police in relation to sighting of escapees, and the Foreign Office. I became a hub updating and liaising, albeit from the UK. My staff’s daily experiences caused untold distress, cut-throat gestures were made in their direction when they left their homes to try and obtain food, water or communicate with their families via patchy mobile coverage. After the first few weeks the repetitive question from my staff was when I was returning. In order to prioritise the needs of the Office of the DPP, I made the decision to return, with my son’s words ringing in my ears, ‘Mum you are walking into a disaster zone, please don’t become part of it.’
Nothing prepares you for the devastation that greeted me when I landed, a month after Irma. My house, including its few treasured possessions, had been blown away. The landscape resembled a nuclear waste land. By now the majority of dangerous prisoners had been recaptured and sent to St Lucia, but the files of looting, possession of guns and the murders that had been committed in the aftermath of Irma were piling up on my desk.
My days now bore little resemblance to my first year. My overwhelming priority was to ensure the courts sat so that defendants could be remanded, but we had no secure building in which to try them. The severely damaged insecure police station was the only option.
To engender a feeling of public safety, a single magistrate began sitting, in a temporary small room at the police station and I as DPP ensuring the visibility of my Office, prosecuted the most serious allegations. The cases of those on bail are simpler, including looting police and customs officers as well as drug offences and domestic violence. The problem cases were the defendants charged with murder/firearms, as no secure setting existed. Armed officers attended although that provided little reassurance to the magistrate and myself in the small confines of our temporary courtroom where the defendants were within touching distance of us.
The only rapid solution I could find was to introduce audio-visual link legislation, which we take for granted in the UK. I drafted the Bill, submitted it to the Attorney General, answered questions before the House of Assembly and it passed in December 2017. Finances are still needed to implement it ,as well as finding a more suitable venue from which to conduct the hearings with the prison.
Today, I concentrate on restoring a basic criminal justice system. Each day brings a small achievement, whether it be that a defendant is remanded, pleads guilty or is sentenced, the wheels of criminal justice are turning slowly. Legislative advice is now focused on restoring the system, whether it be through audio visual link, possible judge only trials in murder cases (how to convene a jury when people are displaced and homeless?) reform of the jury system, witness anonymity, and expeditious trials without compromising human rights.
I have developed strong physical and emotional ties during my short time in the BVI. The people are warm, friendly, welcoming and hospitable. As many who have visited can confirm, the islands ‘draw you in’. I have no doubt the islands and the criminal justice system will be a strong model for the future in this region.
I treasure every minute and the contribution I am able to make to the territory and recovery. The adventure which I started in August 2016 continues. Watch this space!
Contributor Kim Hollis QC, Director of Public Prosecutions, British Virgin Islands
Having packed up my sentimental photos and possessions, I boarded a flight and left family and friends behind to travel across the Atlantic to the British Virgin Islands. These are a small but important group of islands with a global reputation for commercial and financial services and a population of about 35,000.
Road Town on the Island of Tortola is the hub, or administrative capital. The Government Law Offices are located there, which are shared with the Attorney General and are walking distance from the courts and House of Assembly.
The beach, azure blue seas and deckchair I had been relentlessly teased about by my colleagues in the UK when I was first appointed remained firmly out of reach. In my first whirlwind weeks, I made courtesy visits to meet His Excellency Governor, The Premier, ministers, judges and those that strict protocol dictated. I did not see a beach for the first month as I grappled with the demands of a new office and the fact that for the first time in my life I was an employee – of the Government of the Virgin Islands.
On 29 August 2016 when I took up office as Director of Public Prosecutions (DPP) of the British Virgin Islands (BVI), I knew I was embarking on an incredible journey.
But I had no suspicion, as I left the islands on the conclusion of my first year in office, that my ‘ordinary days’ were gone and ‘extraordinary days’ were to become the norm.
There is no typical day and I never really know what will happen when I walk into the office. The DPP is responsible for personally signing every single criminal complaint/indictment before the courts and thus is answerable as such on a daily basis. My day usually commences considering arrest matters as quickly as possible so that the defendants can be produced in court, as well as indictments drafted by my counsel and dealing with evidential matters as and when they arise in ongoing cases. In addition to court appearances at all levels, the DPP personally drafts and has the conduct of all cases in the Privy Council.
The first real shock to the system, when I embarked within a month prosecuting my first case (double murder), were the long court hours of 9am-5pm, following which I return to the office to respond to emails, letters and messages of the day, as well as consulting with my counsel who invariably needed assistance after their equally long days in court. The criminal courts comprise a Visiting Court of Appeal (once per law term), a single High/Crown Court and two resident simultaneous magistrates’ courts trying serious offences with lengthy maximum powers of sentence.
The daily diet of the DPP also includes advisory meetings with the Governor in relation to all aspects of the criminal justice system/legislation reform, being answerable as Head of Department for staff, budget and the implementation of whatever new government policies had come into force. The DPP sits in on the Child Abuse Investigation Team (CAIT) meetings in relation to vulnerable children in the territory, chairs meetings with the Commissioner of Police, co-chairs meetings with the United State Virgin Islands Police and The Financial Services Commission, as well as formulating domestic violence policies, amongst others.
In September 2017, Hurricanes Irma and Maria swept away the criminal justice system of the BVI. In just a few hours our court houses were destroyed, throwing open the doors of the prison, releasing desperate convicted child sexual offenders as well as murderers. From London, home on a scheduled visit, I tried to ensure the safety of my prosecutorial staff, stranded all over the island without communication. The judiciary was escorted from the islands to St Lucia and beyond, but my prosecutors, who had ensured convictions and lengthy sentences, were left vulnerable. The long days in London for the first month after Irma necessitated huge helpings of re-assurance to staff who had been severely traumatised by the hurricane, as well as daily communications with the Commissioner of Police in relation to sighting of escapees, and the Foreign Office. I became a hub updating and liaising, albeit from the UK. My staff’s daily experiences caused untold distress, cut-throat gestures were made in their direction when they left their homes to try and obtain food, water or communicate with their families via patchy mobile coverage. After the first few weeks the repetitive question from my staff was when I was returning. In order to prioritise the needs of the Office of the DPP, I made the decision to return, with my son’s words ringing in my ears, ‘Mum you are walking into a disaster zone, please don’t become part of it.’
Nothing prepares you for the devastation that greeted me when I landed, a month after Irma. My house, including its few treasured possessions, had been blown away. The landscape resembled a nuclear waste land. By now the majority of dangerous prisoners had been recaptured and sent to St Lucia, but the files of looting, possession of guns and the murders that had been committed in the aftermath of Irma were piling up on my desk.
My days now bore little resemblance to my first year. My overwhelming priority was to ensure the courts sat so that defendants could be remanded, but we had no secure building in which to try them. The severely damaged insecure police station was the only option.
To engender a feeling of public safety, a single magistrate began sitting, in a temporary small room at the police station and I as DPP ensuring the visibility of my Office, prosecuted the most serious allegations. The cases of those on bail are simpler, including looting police and customs officers as well as drug offences and domestic violence. The problem cases were the defendants charged with murder/firearms, as no secure setting existed. Armed officers attended although that provided little reassurance to the magistrate and myself in the small confines of our temporary courtroom where the defendants were within touching distance of us.
The only rapid solution I could find was to introduce audio-visual link legislation, which we take for granted in the UK. I drafted the Bill, submitted it to the Attorney General, answered questions before the House of Assembly and it passed in December 2017. Finances are still needed to implement it ,as well as finding a more suitable venue from which to conduct the hearings with the prison.
Today, I concentrate on restoring a basic criminal justice system. Each day brings a small achievement, whether it be that a defendant is remanded, pleads guilty or is sentenced, the wheels of criminal justice are turning slowly. Legislative advice is now focused on restoring the system, whether it be through audio visual link, possible judge only trials in murder cases (how to convene a jury when people are displaced and homeless?) reform of the jury system, witness anonymity, and expeditious trials without compromising human rights.
I have developed strong physical and emotional ties during my short time in the BVI. The people are warm, friendly, welcoming and hospitable. As many who have visited can confirm, the islands ‘draw you in’. I have no doubt the islands and the criminal justice system will be a strong model for the future in this region.
I treasure every minute and the contribution I am able to make to the territory and recovery. The adventure which I started in August 2016 continues. Watch this space!
Contributor Kim Hollis QC, Director of Public Prosecutions, British Virgin Islands
Having packed up my sentimental photos and possessions, I boarded a flight and left family and friends behind to travel across the Atlantic to the British Virgin Islands. These are a small but important group of islands with a global reputation for commercial and financial services and a population of about 35,000.
Road Town on the Island of Tortola is the hub, or administrative capital. The Government Law Offices are located there, which are shared with the Attorney General and are walking distance from the courts and House of Assembly.
The beach, azure blue seas and deckchair I had been relentlessly teased about by my colleagues in the UK when I was first appointed remained firmly out of reach. In my first whirlwind weeks, I made courtesy visits to meet His Excellency Governor, The Premier, ministers, judges and those that strict protocol dictated. I did not see a beach for the first month as I grappled with the demands of a new office and the fact that for the first time in my life I was an employee – of the Government of the Virgin Islands.
Kim Hollis QC thought her first year as DPP for the British Virgin Islands would be an adventure, but Hurricanes Irma and Maria swept away not only her house, but the Islands’ prisons and entire criminal justice system
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
A cultural life and times
