In a heavy legal blow, Commissioner of Customs Wade Smith has won the first of two judicial reviews which his team had filed following Smith being sent home on Administrative Leave without reason on 18 August 2022.
Justice Sonya Young handed down the ruling against Senior Magistrate Tamia Richards and Commissioner of Police Mark Collins in the High Court of Justice yesterday Wednesday 24 April 2024.
In ruling in Wade Smith’s favour, Justice Young concluded that the Magistrate’s actions were unreasonable, lacked substance and unjustified, and that all items be returned to Smith forthwith.
The matter appears to be a serious breach of rights and legal processes with Justice Young’s ruling pointing out that the Magistrate did not issue the warrant in respect of Smith’s rights, and that the search of his home was a breach of trust. The court found the Magistrate failed to give reasons for issuing the warrant, which disregarded the rights of Smith, his right to privacy and against arbitrary invasion of same, ruling that the Magistrate was found to be in breach.
Documents and items seized and removed from Smith’s home on 14 February 2023 included his cellphones and other equipment, his parents’ death expenses and death certificates. The Judge ruled that the documents taken could not make up any part of the case.
Justice Young also ruled that Magistrate Tamia Richards failed to have an inter-party hearing despite it being requested by Smith’s legal team, so that the items taken from the house could be brought before the court. The Magistrate at one point even instructed her court staff to cease communications with Smith and his legal team.
The Judge ruled that the matter against Smith was one of Breach of Trust. Justice Young pointed out that the offense should have been listed on the warrant, and that the Magistrate’s decision not to do so, along with the type of, and way Officers removed documents from Smith’s house was one of arbitrariness.
Smiths second Judicial Review is against the Governor, the Public Service Commission and the Government of the Virgin Islands’ Human Resources Manager.
Wade Smith was arrested on 14 December 2023, and officially charged with Breach of Trust.