Parsons Loses Judicial Review Bid
The High Court has dismissed Lorne Parsons’ judicial review challenging the Governor’s refusal to refer his 2006 murder conviction to the Court of Appeal. Acting High Court Judge Akilah Anderson found the Governor acted within his broad discretion under section 56 and that delay, lack of fresh evidence and public interest were lawful considerations.
The High Court has dismissed a judicial review brought by Lorne Parsons challenging the Governor’s refusal to refer his murder conviction to the Court of Appeal, finding that the Governor acted within his statutory powers. In a judgment delivered by acting High Court Judge Akilah Anderson, the court upheld the Governor’s July 27, 2023 decision to refuse Parsons’ petition under section 56 of the Eastern Caribbean Supreme Court (Virgin Islands) Act.
The court rejected Parsons’ claim that the Governor should have referred the conviction for further appeal. Parsons was convicted of murder and two firearm offences in June 2006 and received a life sentence for murder with two concurrent six-year terms for the firearm offences. His appeal was dismissed by the Court of Appeal in 2007 and the Privy Council dismissed his subsequent appeal against conviction in 2008.
The petition to the Governor, filed in February 2022, argued Parsons’ trial was unfair because the jury was selected under section 27(b) of the former Jury Act—a provision later declared unconstitutional in Tyson v R. In that case the Court of Appeal held the Crown’s unlimited right to stand by jurors infringed an accused person’s right to a fair trial under the 2007 Constitution.
Parsons alleged the Crown stood down nine jurors at his trial and asserted his conviction was therefore unsafe. The Governor refused the petition after reconsideration. In his final decision letter the Governor stated: “After a careful and deliberate reconsideration of the matter, I hereby advise that I have again come to the decision not to refer the matter to the Court of Appeal pursuant to section 56.” He noted the right to a fair trial has always existed but that the issue was not raised at trial, on appeal or before the Privy Council, and cited the need for finality in the administration of justice and the approximately 14-year interval between the Privy Council’s decision and the petition.
Anderson J held that the Governor’s discretion under section 56 is broad and that the court’s role is supervisory rather than appellate. The judge found it was lawful for the Governor to take into account delay, the absence of fresh evidence and the public interest when deciding whether to refer the matter. “In the round, I am not persuaded that there is any error in this approach … that demands this court’s intervention,” the judgment said.
The judicial review was dismissed and the court made no order as to costs. For BVI residents, the ruling underscores the high bar for reopening long-settled convictions through Governor referrals and highlights the continuing legal significance of Tyson v R for jury selection challenges.
Primary source: BVI News