Wade N. Smith wins Judicial Review against Sr Magistrate, Top CoP

ROAD TOWN, Tortola, VI– Commissioner of Customs Wade N. Smith won a Judicial Review against the Senior Magistrate, Tamia N. Richards, and the Commissioner of Police, Mark Collins, in the High Court yesterday, April 24, 2024.

This comes after Mr Smith was sent on Administrative Leave over a year ago and faced charges of Breach of Trust as a Public Officer. According to the details, when Magistrate Richards granted a warrant for Mr Smith's residence to be searched, it resulted in his phone and other equipment being seized, including documents with no connection to the charges.

According to sources familiar with the case, the court under Justice Sonia Young found the actions of the Senior Magistrate unreasonable and lacked substance and not justified.

The court also found that the Magistrate ought to have given her reason for issuing the warrant, and it did not require her to be elaborate, but she could not be made to disregard the rights of the individual.

The court also ruled that while the Magistrate's Code provides the Magistrate with authority to issue warrants, the Magistrate should have done so in consideration of Mr Smith's right to privacy and more.