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Des dizaines de personnes étaient réunies vendredi à Fouquereuil (Pas-de-Calais) pour un hommage à la petite Lola, tuée à Paris le 14 octobre, lors d’un rassemblement officiel et volontairement apolitique, ses…

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Finding enough impartial jurors to hear court cases in the territory has proved challenging in recent years, but a solution may be on the horizon as legislators this week debated a bill designed to widen the jury pool and make other related reforms.

The Virgin Islands Jury Act, 2022 — which Premier Dr. Natalio “Sowande” Wheatley introduced in the House of Assembly on Aug. 9 — would replace a 1914 law that leaders have described as outdated in many respects.

During an HOA debate following the bill’s second reading on Oct. 18, legislators expressed support for many of its measures but they argued over provisions designed to facilitate the addition of some non-belongers to the juror list.

For his part, Dr. Wheatley said he understands the need to address judicial officials’ complaints about the limited list of jurors and the challenge of finding candidates who don’t have connections to any of the interested parties in court cases.

He added that the second reading was delayed to allow the Deputy Governor’s Office to further consult the public on the proposed changes.

“Of course, persons raised concerns about the bill, and these are issues that we’ll have to deal with in debate and in the committee stage,” he said. “It is important to know that the current act is very old and in need of modernisation.”

Non-belongers excluded

Under the Jury Act 1914, the High Court Registry is required to select eligible jurors from a list that includes non-belongers who have lived in the VI for at least ten years. In practice, though, jurors historically have been selected from the list of eligible voters, which excludes long-term non-belongers.

Partly because of this issue, jury trials were temporarily halted in July 2019 after then-Director of Public Prosecutions Kim Hollis successfully challenged the jury list in High Court. In her challenge, she took issue with the use of the voter registry to select jurors.

A judge ruled in her favour, finding that the list formerly used for jury selection was unconstitutional. A new list of jurors was subsequently created, the Deputy Governor’s Office said in early 2020. But the office declined to make the list public or say whether it includes non-belongers.

Last year, the Commission of Inquiry reviewed the issue, and Commissioner Sir Gary Hickinbottom ultimately recommended considering a revised Jury Act.

In support of that recommendation, Sir Gary cited input from Director of Public Prosecutions Tiffany Scatliffe-Esprit.

“The jurisdiction of the BVI is small, and finding jurors who do not know and are unrelated to witnesses and the accused is challenging,” the COI report states. “These eligibility requirements have the effect of significantly restricting the size of the jury pool. The DPP considers that the eligibility criteria should be revised, e.g. to allow those aged 18 and above and those who have been resident for five years (as opposed to 10 years) to be jurors.”

In keeping with Sir Gary’s recommendations, the COI implementation framework agreed by the United Kingdom and VI governments gave the HOA a July 31 deadline to consider “revisions to the Jury Act, in consultation with the governor, to increase the size of the jury pool of jurors to ensure the jury system is effective.”

Proposed law

The proposed new Jury Act, like the existing law, would allow non-belongers who have lived in the territory for at least 10 years to serve on juries. But it also includes new provisions designed to facilitate this rule in practice, court officials explained during public meetings on the bill earlier this month.

The proposed law, for instance, would allow the jury selection panel to use additional methods to obtain information about potential jurors, including seeking input from the chief immigration officer, the registrar general, and the director of Social Security Board, officials said.

The bill would also create a “Jury Management Database” that would be published annually.

The new database would be maintained by the Supreme Court registrar and contain the “prescribed particulars” of qualified people, each of whom would be assigned a unique identification number.

To qualify, a person would have to be between the ages of 18 and 70 and be a belonger, hold a certificate of residence, be listed on the Register of Voters maintained under the Elections Act Revised Edition 2013, or be an ordinary resident in the Virgin Islands for at least 10 years.

Potential jurors could be disqualified for being unable to communicate in English; if a physical or mental condition impairs their ability to fully meet their duties; after being convicted of an unpardoned offence for 12 months’ imprisonment or more without pardon; upon declaring bankruptcy; for “having bad character;” or for currently appearing before the court in criminal proceedings.

HOA debate

During the Oct. 18 debate, Opposition Leader Julian Fraser asked why the jury pool is so small.

“There are a number of belongers in the territory who are eligible to vote and eligible to serve as jurors, but they’re not registered to vote, so they never get called,” he said.

He also questioned some of the reasons for disqualification, particularly bankruptcy and what he called the subjective nature of “having bad character.”

“No wonder they have a problem with limited options,” he added.

After reviewing the list of people exempt from jury service — which includes politicians, attorneys, police officers, medical practitioners, teachers, and their spouses — Mr. Fraser argued that there are underutilised belongers who could serve as jurors, and said he was hesitant to add even non-belongers who hold a certificate of residence.

“We need to ensure that persons charged with responsibility of creating the pool are exhausting the categories that are available to them before we go ahead and start thinking about increasing the pool, or adding categories, or diluting the requirements for particular categories,” he said.

Not everyone shared his reservations.

Health and Social Development Minister Marlon Penn pointed out that Virgin Islanders are not the only people going on trial.

“If the premise of a jury trial and fair trial is to have a cross-section of your community, we have to rethink what the cross-section of our community looks like,” he said. “We have to be mindful that our community is different. Our community is made up of a wide cross-section of individuals, and as we hear from the technocrats [there are] challenges that we’ve experienced over several trials where the trials are dismissed, trials were thrown out, persons were acquitted because you might find later on that there was a connection with someone who was on the jury to the defendant, or someone that gave witness has some type of connection.”

He said some flexibility must be allowed to ensure fairness and objectivity in the judicial process, especially considering the lengthy wait times some accused people spend on remand.

The premier said he agreed with Mr. Penn that legislators should question whether a non-belonger can have a fair trial when only belongers are permitted to be jurors.

“I think we have to have an open mind and a proper discussion. Yes, in most societies you will find that persons who are jurors are on the voters list,” he said, adding that in the United Kingdom a person does not have to be a citizen to be on the voters list. “We have to recognise our unique circumstance as a small territory with a large amount of the population that comes from other places.”

Eligible jurors

However, other fellow legislators shared Mr. Fraser’s concerns about expanding the pool.

Though the public had an opportunity to weigh in on jury reform during a virtual forum earlier this month, Junior Minister for Trade and Economic Development Shereen Flax-Charles said she was concerned that there was insufficient public consultation on the matter.

“We’ve left out a significant portion of our population who might be interested in serving on the jury but have not been given the privilege of public consultations but for one Zoom meeting,” she said, noting that she had found no proof of other public meetings supposedly held in 2009.

She added that more work needs to be done to educate community members about who qualifies for jury duty and what the obligation entails.

Government backbencher Vincent Wheatley (R-D9) said he didn’t necessarily oppose adding people ages 18 to 70 who have “been ordinarily resident in the territory for at least ten years” as described in the bill, but he said he would like to see additional qualifications added.

He also shared concern about the cost for sister island residents to serve and potential impact on small businesses required to continue paying employees while they fulfil their civic duties, particularly during the off season.

Opposition member Carvin Malone said he would not support adding 10-year residents or even people who hold a certificate of residence. He added that he was confident that enough eligible belongers could be found in the population following a proper review.

Judge-only trials

On Oct. 18, Mr. Fraser also shared his misgivings about the idea of trials without a jury, which he labelled a “travesty of justice.” Fellow legislators shared his concerns.

The COI framework also gives the House a Nov. 30 deadline to consider granting the court wider powers to hear judge-only criminal trials.

This idea, too, accords with input from Ms. Scatliffe-Esprit, who recommended greater discretional power for the court to allow such criminal trials in cases of murder, gang violence and sexual offences, according to the COI report.

“She said that, in her experience, jurors were reluctant to serve when these sorts of offences come to trial,” the report states. “Under the current jury system there is no way to sequester a jury; and the DPP gave evidence of past (albeit unproven) allegations of jurors being approached.”

Related provisions were not included in the proposed new Jury Act.

Mr. Fraser said, “That is something I would go down fighting against, but I’m glad that it’s not in this bill.”

Mr. Malone suggested that the right to a speedy trial by a jury of peers — which is not currently included in the Constitution — be considered during the current constitutional review.

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At schools across the territory last week, volunteers from several organisations helped students celebrate Reading is Fun Week by sharing stories and otherwise appreciating the world of literature.

The main goal of the annual celebration is to spark a love and interest in reading through fun activities.

Volunteers from the local book club A Novel Bunch read the story of the first African American woman to travel to space: Mae Among the Stars, by Roda Ahmed. Students who paid attention and were quick to answer questions won rewards.

They then engaged in a call and response to the book’s core message: “If I believe in it, and if I work hard for it, anything is possible.”

Club president Gevonie Percival said one of the most rewarding moments came from reading at Leonora Delville Primary School.

“One little girl said she doesn’t like reading: However, at the end of our story she was excited to answer all the questions. And when I asked, ‘Do you enjoy reading now?’ she replied, ‘Yes.’ Mission accomplished. That made our day.”

This was the first year the club participated in reading at schools for Reading is Fun Week.

Other organisations including Green VI, Money Matters BVI and the National Bank of the Virgin Islands shared in the festivities as well.

Money Matters BVI said its volunteers read to more than 200 students, sharing the story of “The Four Money Bears” with students in grades three and four, and “Think and Grow Rich” to seniors at Cedar International School.

“Students were keen to share their ideas regarding how they, like the bears in the story, could create balance for themselves in the future and support their parents’ financial goals when it comes to giving, saving, investing, and spending their money,” the organisation stated.

BVI Financial Services Commission Managing Director and CEO Kenneth Baker said financial literacy is an important lifelong skill.

Schools throughout the territory led their own celebrations as well, planning days with an assortment of educational activities like guest readings, competitions, opportunities to read outdoors, and book-related crafting.

Joyce Samuel Primary said students read a total of 105 books during their 14-day reading challenge, and their week concluded with the “Beekeepers” reading The Day the Crayons Quit to the children.

Ebenezer Thomas Primary School welcomed Ms. Plus World BVI Sylvanna Charles to read poetry, organised a literary scavenger hunt, and built models of traditional sloops.

Students at Bregado Flax Educational Centre embraced the animated arts by dressing up as their favourite book characters, and Enis Adams Primary School lauded VI authors including Geoffrey Brooks. One of Willard Wheatley Primary’s featured events was a nursery rhyme showdown by teachers.

EAPS also welcomed Deputy Governor David Archer Jr. on Friday to read a children’s book by VI teacher Jennie Wheatley, Arianna Likes to Read.

“Don’t forget: Please read, read, read,” Mr. Archer offered as parting words to the students. “Play a lot, but read a lot.”

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Qatar is a devoutly apolitical place, with speech and assembly heavily restricted and a large population of foreign workers who could lose their livelihoods if they cause a stir.

But that could change next month, when an estimated 1.2 million football fans descend on the tiny Gulf Arab nation for the World Cup. Authorities may face calls for labour rights, LGBTQ equality and other causes in the glare of an international spotlight like no other.

They might also have to contend with public drunkenness and hooliganism in a conservative, Islamic country where such behaviour is deeply taboo and virtually unheard of.

Qatar has had more than a decade to prepare for the monthlong tournament, which begins on Nov. 20, and has spared no expense — thanks to natural gas reserves that make it among the world’s wealthiest countries. It also has some recent experience hosting major international sporting events.

But there’s nothing quite like a World Cup.

A QUIET, DESERT EMIRATE

Qatar, the first Arab or Muslim nation to host a World Cup, is a wealthy and politically stable outlier in the volatile Middle East. Citizens enjoy generous cradle-to-grave welfare paid for by its gas riches. Foreign workers make up more than two-thirds of the population of less than 3 million and account for nearly 95% of the labour force.

Qatar hosts the pan-Arab broadcaster Al-Jazeera and has supported Islamist groups across the region, but within its own borders politics is nearly nonexistent. Power is concentrated in the hands of a hereditary emir, criticism of authorities is heavily restricted, and politically oriented groups are banned.

U.S.-based Freedom House, which surveys democratic change and backsliding worldwide, classifies Qatar as “Not free.”

Qatari officials have said the security forces will adopt a light touch during the World Cup, tolerating minor infractions like public intoxication and intervening in response to only violence, destruction of property and threats to public safety.

“Differing perspectives are encouraged and fans will be free to express themselves during the World Cup, as they have done during other events hosted in Qatar,” a Qatari government official said on condition of anonymity in keeping with regulations.

Kristian Ulrichsen, a Gulf expert at Rice University’s Baker Institute for Public Policy, said he expects Qatar to “tolerate instances of activism during the World Cup, especially if they do not relate to political or geopolitical issues.”

“Qatari police have been training alongside international counterparts, including from the United Kingdom, and focusing on issues such as crowd control and policing in ways that de-escalate rather than intensify volatile situations.”

SILENCED LABOURERS

The World Cup has already shined a light on what rights groups describe as exploitative conditions endured by many foreign labourers, including the construction workers who built stadiums and other infrastructure.

Qatar has overhauled its labour laws in recent years, dismantling much of its traditional kafala system, which tied workers to their employers. It has also mandated a minimum monthly wage of some $275. But activists say more needs to be done to ensure that workers are paid on time and protected from other abuses.

Foreign workers are barred from forming unions and have no political rights. At least 60 workers were arrested in August for staging a protest over unpaid wages. A Kenyan security guard who wrote anonymously about the plight of foreign workers was detained for months and fined last year before leaving the country.

Several football federations are pressing Qatar on labour rights, and the English Football Association said its players would meet with migrant workers who will be invited to their training camp.

LGBTQ: TOLERANCE WITHIN LIMITS

Qatari law prescribes a penalty of 1-3 years in prison for “leading, instigating or seducing a male . . . to commit sodomy.” Separate laws prescribe up to seven years for anyone who “copulates” with a man or woman over the age of 16 “without compulsion, duress or ruse.”

Few expect those laws to be enforced against visiting football fans, but it’s unclear how authorities would handle public displays of affection — taboo even for straight couples — or public advocacy for LGBTQ rights.

“Reserve the room together, sleep together — this is something that’s not in our concern,” Maj. Gen. Abdulaziz Abdullah Al Ansari, a senior leader overseeing security preparations, told The Associated Press in April. But he sparked controversy in the same interview by saying rainbow flags could be taken from fans to protect them from being attacked.

“Watch the game. That’s good. But don’t really come in and insult the whole society because of this,” he said.

Qatar has already faced criticism in public forums over its criminalization of homosexuality. Eight of the 13 European football teams in the World Cup have asked FIFA for permission for their captains to wear rainbow armbands as part of the “One Love” campaign.

DRINKING AND ROWDINESS

Qatar is more relaxed than some other Gulf nations when it comes to alcohol, but its sale is usually limited to luxury hotels and restaurants. Public drunkenness is taboo in the Islamic country and offenders can be jailed or deported.

During the World Cup, beer will also be sold at stadiums and fan zones, and officials say drunkenness will be tolerated as long as it doesn’t threaten anyone’s safety. But there could be consequences if things get out of hand or the party moves out of designated venues.

Qatar could face the, often related, issue of fan rivalries. Local security forces have little experience dealing with the hooliganism that has historically accompanied high-stakes matches in Europe.

Matches between Honduras and El Salvador famously sparked the so-called “Football War” between the countries in 1969, and a notorious collision between French and West German players at the 1982 World Cup caused a major diplomatic incident.

Russia has been banned from international football over its invasion of Ukraine, whose national team was eliminated in the playoffs. But tensions over that conflict — or others — cannot be ruled out.

Qatar’s police won’t be alone in dealing with any major disturbances.

Turkey, which has more experience with political unrest, plans to send 3,250 police officers, including special operations forces and explosives experts, to help Qatar maintain security. It will provide training to hundreds of Qatari security forces.

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File photo: The Elections and Boundaries Commission, Frederick Street, Port of Spain.

The Elections and Boundaries Commission has advised that from October 25, only first-time applicants for national ID cards will be required to schedule an appointment.

Services including renewals, name or address changes and replacement of lost or stolen cards, can now be done as a walk-in service.

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