On June 7, The BVI Beacon turned 40. To celebrate, it is re-publishing some of the biggest stories from its archives over the past four decades. The article below was written by Rich Blake and originally ran Oct. 13, 1994
Former Deputy Chief Minister Ralph O’Neal’s resignation this week in the wake of a politically damaging High Court civil judgement will probably not be the last chapter in the long running saga, one in which Attorney General Dancia Penn now appears to play a pivotal role.
Mr. O’Neal announced Monday that he would step down from the post as deputy chief minister and minister of natural resources and labour. He said his decision was based on consultation with family and advisers.
“While it is not the majority of the people who clamour for my removal from office, I have this morning tendered my resignation,” he said in a radio broadcast.
Staying on as LEGCO member
Prior to Mr. O’Neal’s statement, Chief Minister Lavity Stoutt announced that he had accepted the resignation and that Louis Waters, minister for health, education and welfare, had been appointed a deputy chief minister. Backbencher Oliver Cills has been appointed as minister of natural resources and labour.
Mr. O’Neal will remain as an elected member of the Legislative Council. But Opposition Leader Walwyn Brewley and other community members have said this week that Mr. O’Neal should not be allowed to remain on the council.
“He should have stepped down completely,” Mr. Brewley said, adding that he will be exploring how to proceed with a measure to remove Mr. O’Neal from the council.
AG holds key to further action
According to the territory’s Constitution, however, responsibility for any further action on several serious charges against Mr. O’Neal — charges that were borne out in the high court ruling — lies solely in the hands of the attorney general.
Ms. Penn did not return repeated phone calls.
“Justice needs to be done in accordance with the Constitution,” said United Party founder Conrad Maduro, also calling for Mr. O’Neal to step down from Legislative Council.
Judgement led to resignation
Monday’s resignation comes one week after Judge Ephraim Georges dismissed a 1991 civil suit brought by Mr. O’Neal accusing his cousin and political rival Allen O’Neal of making slanderous and “malicious” remarks following the 1990 election.
In ruling for the defendant, Judge Georges said Allen O’Neal’s remarks, which charged the minister with being corrupt and of engaging in fraudulent elections practices, were fair comment, based on facts and in the public’s interest.
Conflict of interest found
The high court judgement supported three major claims of misconduct and conflict of interest brought by Allen O’Neal to defend his statement.
Evidence that Ralph O’Neal misappropriated Crown land, held an illegal contract with Shell Antilles and Guianas Ltd. to serve as the company’s business adviser from 1982 to 1992 while holding political office, and committed elections fraud was outlined at length in the judgement. In one part of the judgement, Judge Georges even makes specific reference to the fact that Ralph O’Neal’s failure to disclose the Shell contract made him guilty of contravention of Election laws and that he should have been re- quired to vacate his seat.
Crucial issue
The finding that Ralph O’Neal abused the system of proxy voting – a provision that allows a designated registered voter to cast up to five ballots for persons unable to do so themselves – was cited by the judge as the most crucial issue in the case. It was considered as the only possible basis for Allen O’Neal’s remarks.
However, the court in its ruling commented in detail on the substance of an allegation relating to the Shell contract, which prompted a 1993 petition to the governor calling for Ralph O’Neal’s suspension and formed the basis of an unsuccesful no-confidence vote brought against the government by two Opposition members last year.
Stoutt waited on court’s decision
When allegations surfaced in early 1993 that Ralph O’Neal held a contract with Shell, the chief minister said he would await the trial’s outcome before taking any action against Mr. O’Neal, claiming he didn’t want to prejudice the case.
In this statement Monday, Mr. Stoutt said that after reviewing a copy of the judgement late last Wednesday, he called a meeting of government Thursday to discuss it and thereafter decide to accept Mr. O’Neal’s resignation.
Just what specific aspects of the judgement prompted Ralph O’Neal to step down is unclear.
Neither he nor Mr. Stoutt would return repeated phone calls. Mr. O’Neal has hinted publicly that he may appeal the high court decision.
Any appeal of the judgement would have to be made within six weeks of the day it was handed down, according to local attorneys.
Brewley: Proxy fraud damaging
Mr. Brewley said he considers the evidence contained in the judgement on Mr. O’Neal’s use of fraudulent proxies as the most damaging and could be used as grounds for his dismissal.
Under the Constitution, a person is disqualified for membership of the council if he or she has been convicted or reported guilty of any offence relating to elections and would be required to vacate his or her seat.
Whether enough evidence is contained in the judgement for the attorney general to consider a criminal prosecution against Ralph O’Neal for elections offences would be a matter exclusively for Ms. Penn to decide. Constitutionally, she is not subject to any direction or control of any other authority.
Mr. O’Neal indicated in hisresignation speech that he intends to hold on to his seat and to seek re-election in the ninth district (Virgin Gorda and Anegada).
If and when another LEGCO meeting is held before the Dec. 6 deadline for dissolution of the council, Ralph O’Neal would be taking a backbench seat on the government side, most likely where Mr. Cills previously sat, according to Mr. Brewley.
Deputy chief stepped down in ’88
Mr. O’Neal has been the elected member of the ninth district since 1975.
He had held the post of deputy chief minister and minister for natural resources and labour since 1988, when, ironically, he took over from former deputy chief minister Omar Hodge, forced to step down by then-chief minister Lavity Stoutt amid allegations of bribery.
Mr. Hodge has maintained his innocence despite the rulings of a commission of enquiry and a high court judge.
Mr. O’Neal was Opposition Leader when he took over from Mr. Hodge, who remained on the council as an elected representative.
The current opposition leader argues the circumstances are far more serious this time around for Mr. O’Neal to stay on as an elected representative.
“These charges are much more grave,” Mr. Brewley said.