Following his arrest and subsequent charge of Breach of Trust by a public official, Former Education Minister Myron Walwyn has expressed concern that despite his full intention to fight the allegations against him, the conditions of indemnity granted to Commissioner Sir Gary Hickinbottom for the COI report hinder him from taking certain civil action.
“As a citizen and someone who was made a subject of the Commission of Inquiry, I am very concerned that prior to the release of the report, the Commissioner and his staff were indemnified from civil suits in relation to whatever they have written in the report. This essentially absolves them of any liability or responsibility for its contents. However, this very report is being used as the basis for investigating and bringing charges against local citizens”, he said.
Walwyn described the charge against him as “vexatious”, “extremely daunting” and “troubling” to him.
He further expressed the opinion that “It cannot be right that a report which has the potential to ruin the careers, reputations and quality of life and living for individuals to be allowed to hide behind an act of parliament and escape the scrutiny of the Courts. This action is not consistent with the tenets of accountability and transparency which the very report claims that it seeks to promote”.
According to a confirmation note released by police following Walywyn’s statement on the arrest, the former minister was charged with Breach of Trust by a public official following investigations into the Elmore Stoutt High School Perimeter Wall Project.
More specifically, he is charged under Section 81 of the Criminal Code which, according to the Criminal Code 1997 of the Virgin Islands, speaks to public officers receiving property or benefits in exchange for showing favour to the person conferring said benefit.
In that same legislation, the offence carries a maximum sentence of 6 months in imprisonment and is noted as triable – subject to the provisions of the Magistrates Code of Procedure Act and the Criminal Procedure Act.
Persons convicted under section 81 also face the discretion of the court in regard to the ordering of forfeiture to the Crown any property which has passed in connection with the commission of the offence. In a case where this property cannot be forfeited or cannot be found, the court shall assess the value of the property and any property or sum shall be forfeited as ordered to be dealt with as directed by the Governor.