Premier Worried Over Lost DPP Payouts
Premier Dr Natalio Wheatley has expressed concern about public money being spent on prosecutions lost by the Office of the Director of Public Prosecutions, following the acquittal of police officer Marley Sebastien. He told a live call-in show he does not have figures for payments to an externally engaged King’s Counsel, but said unsuccessful cases and related payouts strain resources needed for other public priorities.
Premier Dr Natalio Wheatley has voiced concern about the cost to the public purse when prosecutions brought by the Office of the Director of Public Prosecutions (DPP) are unsuccessful, following a number of high-profile rulings in favour of defendants. Speaking on the Virgin Islands Voice live broadcast, the Premier responded to a caller who cited recent defeats, including the acquittal of police officer Marley Sebastien, and questioned the financial exposure when government-funded prosecutions fail.
The caller also highlighted the engagement of an external King’s Counsel (KC) from the United Kingdom and asked about the sums involved. The Premier said he did not have access to specific figures for payments to the KC but acknowledged the broader fiscal impact of lost cases. "As it pertains to whether I’m concerned when we lose a case and have to pay out money, of course," he said.
He added that such payouts are undesirable when there are competing demands on limited public resources: "Certainly, nobody wants to lose, and nobody wants to have to pay out monies for things that you want to put towards other important things for the people." The comments follow a string of matters in which the DPP’s office has not prevailed at trial or on appeal.
In one reported instance, the DPP lost an appeal against a "no-case" submission involving former police officers after the court found the prosecution had not established sufficient evidence. Other matters have been dismissed or withdrawn at the magistrate’s court, raising questions about case preparation and the strength of evidence presented.
The Sebastien acquittal has intensified scrutiny because the prosecution engaged external, state-funded legal counsel for the matter, prompting public concern about legal fees, potential compensation to defendants, and the cumulative cost of unsuccessful prosecutions. For residents of the British Virgin Islands, the debate touches on priorities for public spending, transparency around legal expenditure, and the balance between ensuring robust prosecutions and protecting taxpayers.
While the DPP operates independently of the government in charging decisions, the use of public funds for legal representation and any liability from lost cases places those prosecutorial outcomes squarely within public interest. Officials have not released detailed figures on legal spending or payouts related to these cases.
The Premier’s remarks are likely to renew calls for greater transparency and review of how complex prosecutions are resourced and managed going forward.
Primary source: BVI News