Wade Smith Cleared in Breach Case
The High Court has quashed the breach of trust committal against public officer Wade Smith after finding a 2020 curfew order unlawful. Defence counsel says the charge was based on an invalid order and no other criminal matters remain against Smith.
The High Court has cleared public officer Wade Smith of a breach of trust charge after ruling that the 2020 curfew order at the centre of the prosecution exceeded the powers granted under the Curfew Act. Smith was placed on immediate leave in 2023 following allegations that he failed to act properly in relation to a boat operating during the curfew.
The state charged him with breach of trust as a public officer, but the defence successfully argued the underlying curfew order was unlawful and therefore could not support a criminal prosecution. King’s Counsel Terrence Williams, who represented Smith, described the charge as “flimsy” and said the court’s ruling confirmed that the case depended entirely on the validity of the curfew order.
According to Williams, the Curfew Act authorises restrictions on street movement but did not give the government power to extend those restrictions to territorial waters. The High Court accepted that submission and quashed the committal. “With the committal quashed, you could not bring a criminal case for breach of trust regarding the order,” Williams said, noting the judge dismissed the matter on that legal basis.
The court also ordered that costs be paid to Smith in relation to the proceedings. Williams confirmed that no other criminal matters remain before the courts for Smith, and that this was the only case brought by the state. He said there is now “no basis to suspend or to interdict him from office,” and urged the government to follow appropriate administrative steps.
He warned, however, that if the state does not act in accordance with the ruling, the defence will advise Smith on his legal options. For BVI residents, the decision clarifies limits on emergency powers under the Curfew Act and may prompt government departments to review how curfew and maritime enforcement orders are drafted and applied.
The ruling could also affect how disciplinary or administrative actions are handled when criminal charges are dismissed on legal grounds. The judgement resolves a long-running legal matter for Smith and will likely inform future government guidance on the scope of emergency orders affecting territorial waters.
The government has not yet issued a public statement on next steps following the decision.
Primary source: BVI News