Questions Mount Over Sylvester Bvihsa Appointment as
Scrutiny is intensifying over the proposed appointment of Bevis Sylvester as BVIHSA Chairman, with debates centering on whether an expunged record legally bypasses statutory disqualifications for past convictions. Premier Dr. Natalio Wheatley has indicated the Government may conduct further due diligence after confirming he was overseas when Cabinet approved the recommendation.
The Government of the Virgin Islands is facing mounting scrutiny over the proposed appointment of Bevis Sylvester as Chairman of the BVI Health Services Authority (BVIHSA) Board, following intensified questions regarding statutory eligibility and the legal effect of an expunged criminal record.
Sylvester's appointment as a member and Chairman of the BVIHSA Board for a three-year term on the recommendation of the Minister for Health and Social Development. However, the appointment of the Chair requires formal approval from the House of Assembly, bringing the statutory requirements of the BVI Health Services Authority Act, 2004 under public focus.
Under Section 5(6) of the Act, the appointing authority must ensure that board members are fit and proper persons. Crucially, Section 5(7)(c) explicitly states that an individual is disqualified for appointment as a member of the Board if that person has been convicted of an indictable offence or any offence involving dishonesty.
Sylvester's 2004 conviction, in which he pleaded guilty and received a six-month prison sentence for obtaining a pecuniary advantage by deception and neglect of duty relating to a government telecommunications contract for the Terrance B. The matter was also examined during the 2021 Commission of Inquiry (COI), where Mr.
Sylvester appeared under summons to answer questions regarding his conviction, contracts, and former role as Chairman of the BVI Airports Authority. In response to initial concerns, some defenders have argued that Mr. Sylvester's criminal record was expunged. However, legal observers point out that the BVIHSA Act does not state that statutory disqualification disappears if a record is expunged, nor does the law define an expiration period after which disqualification lapses.
The statute strictly bars anyone who has been convicted of an offence involving dishonesty, raising unanswered questions about the legal basis for Cabinet's approval. Natalio Wheatley confirmed he was absent from the September 9 Cabinet meeting where the decision was made, as he was overseas on official business while Governor Daniel Pruce chaired.
When questioned on the statutory conflict, Premier Wheatley stated that the Government could undertake further due diligence to ensure all appointments remain compliant with the law. The BVIHSA Board exercises significant authority over the Territory's public healthcare infrastructure, overseeing hospital and community health services, public health finances, procurement, and institutional governance.
With the confirmation heading to the House of Assembly, legislators face calls to obtain formal legal advice and clarify whether an expunged conviction satisfies the strict letter of territorial law before taking a final vote.
Primary source: Guavaberry