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Judge Denies TRO, Sets Hearing in Fawkes’ Suit Against Elections Board

The court has denied Supervisor of Elections Caroline Fawkes’ motion for a temporary restraining order in her lawsuit against the Board of Elections but has set an evidentiary hearing for Monday on her request for a preliminary injunction — the day before the Nov. 5 General Election.
At issue in the case is whether the board overrode Fawkes’ authority when it voted at a meeting Sept. 4 to place Delegate to Congress candidate Ida Smith on the Nov. 5 ballot after Fawkes had disqualified her based on residency requirements. Besides the temporary restraining order, or TRO, Fawkes is seeking a preliminary injunction, permanent injunction and declaratory relief.
On Thursday, V.I. Superior Court Judge Yvette Ross Edwards denied the request for a TRO, writing that Fawkes would not be irreparably harmed without one, which is the most significant of four determining factors the court must consider when weighing a TRO or preliminary injunction ruling. It also would not be in the public interest, when early voting was already underway when Fawkes filed her complaint on Oct. 17, and with the General Election just days away, she said.
“The public interest factor is particularly weighty in the case,” the order states, noting that early voting began Oct. 14 — more than a month after Fawkes knew Smith’s name was added to the ballot — but she did not file her verified complaint until Oct. 17, her motion until Oct. 28, and supporting documents for the complaint until Oct. 29. Early voting ended Oct. 28, “by which time thousands of Virgin Islanders had already exercised their right to vote,” it says.
“To halt the voting process before the court can determine the merits of issuing a preliminary injunction when so many have already cast their ballots would create voter confusion and diminish voter confidence in the electoral process,” the order states. “Had there been an earlier filing, the public interest factor may not have weighed as heavily against the issuance of a restraining order. There would have been minimal disruption of the voting process, leaving sufficient time to address changes to the ballot, if any, without disenfranchising anyone. However, that did not occur here.”
As for whether Fawkes “has shown a reasonable probability of success on the merits” of her case, possibly so, the judge said in weighing another of the factors the court must consider.
While the Board of Elections, represented by the Attorney General’s Office, alleges Fawkes did not have the legal capacity to file suit in the first place because she is subject to the direction of the board, and has asked that the case be dismissed, V.I. Code does authorize her to disqualify candidates, the order notes.
“Relative to the review and acceptance of nomination petitions, [V.I. Code] notably states, ‘If the Supervisor determines that a candidate for election or nomination does not meet the qualifications established by law for the office, then [she] shall disqualify such candidate and delete the candidate’s name from the ballot if the ballots have not been printed,’” the order said.
However, the sections governing Fawkes’ powers are qualified by another “which extends the BOE’s direction, control, and supervision of the Supervisor of Elections to all duties vested in [her] ‘by this title,’” it said.
“If the Court finds that the statutory language places all duties and responsibilities of the Supervisor of Elections under the direction, supervision, and control of the BOE, then the Court’s analysis ends there. However, if, as Fawkes appears to argue, there are some responsibilities outside of the supervisory authority of the Board, including Fawkes’ ability to determine the eligibility of nominees for offices, then the Court must consider whether Fawkes has the right to petition the Court to protect her statutory rights from the overreaching of her supervisors. This consideration goes directly to Fawkes’ capacity to sue,” Ross Edwards wrote.
Additionally, the board’s consideration of Smith’s qualifications and placement on the ballot “is beyond the authority granted to the boards of elections under the Revised Organic Act of 1954 or the statutory authority of the Board granted by the Legislature,” the order states. “The language in Sections 411 and 412 appears to preclude the Court from finding an intent in the Legislature that the Board is also vested to conduct hearings on eligibility decisions made by the Supervisor of Elections, absent expressed authority.”
As for the fourth factor — whether a TRO would cause “greater harm” to the nonmovant, in this case the BOE and precluding it from overriding Fawkes — “neither party has presented significant arguments on this factor that would allow the court to make such a finding,” Edwards wrote.
“Each of the factors, when considered under the sliding scale standard, do not weigh in favor of granting a temporary restraining order,” she concluded. “Fawkes has not shown immediate and irreparable injury, nor has she made a strong showing of meritorious claims. Moreover, public interest concerns outweigh disrupting the voting process with a TRO. However, the denial of a TRO does not eliminate the need for a hearing on the request for a preliminary injunction.”
That hearing is scheduled for 10 a.m. Monday in Courtroom 214 of the V.I. Superior Court on St. Croix.
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Mental Health Concerns Raised at Hull Bay Murder Case Hearing

A rare set of court proceedings has provided a public glimpse into the case of a St. Thomas man accused of attacking two relatives with a knife in Hull Bay. Mohammed Salem has been ordered to stand trial in connection with the murder of his father on March 5 and an assault on his brother that same day.
The second of two motion hearings took place in Superior Court Tuesday before Superior Court Judge Denise Francois. The subject of the hearings was Salem’s mental health.
Salem is accused of entering the family home in Hull Bay and fatally stabbing his father, Hakim Salem, with a hidden knife. When his brother, Jamil Salem, tried to defend the father, the defendant allegedly turned the knife on him.
He was arrested by police at Hull Bay Beach after fleeing the home and is being held at the John Bell Correctional Facility on $1 million bail. The defendant is charged with murder, assault with intent to commit murder, domestic violence and use of a dangerous weapon by a felon.
At the first motions hearing held on Sept. 24, the lawyer representing Salem said because her client faced criminal charges, any mental health concerns had to be aired in open court.
Almost all matters involving the mental health of defendants are handled confidentially in the Superior Court Family Division. “Attorney Godfrey informed the court that she is concerned about the defendant because he is deteriorating and it’s very concerning,” the judge said, according to court documents.
Salem’s lawyer said she is seeking a court order for involuntary commitment based on the doctor’s recommendation. At the hearing held Sept. 24, Public Defender Lisa Godfrey cited a recent report by St. Croix psychiatrist Dr. Evadney Sang.
“Dr. Sang is of the opinion that Mr. Salem’s status has declined, that we need to pursue proper placement,” Godfrey said. Francois told Godfrey and Assistant Attorney General Jeremy Weddle the court had received Sang’s report and placed it under seal to guard the information.
The hearing was then postponed until Oct. 29, but the judge added she wanted more details from the psychiatrist before taking action. Francois said the issues raised at the two hearings presented “an extreme circumstance,” and she may convene a competency hearing once Sang provides the requested information.
Weddle told the court that he forwarded the required documents to Sang about filing a Petition for Involuntary Commitment according to 19 V.I.C. 1027 (B) but so far had heard no response.
If involuntary commitment is ordered, the court would also oversee a transfer of custody from the Bureau of Corrections to the Health Department, which would take responsibility for Salem’s placement in an off-island mental facility.
Jury selection for Salem’s murder trial is scheduled for July 28, 2025.
VITRAN Appropriation Needs $5M Correction

The Senate’s dealings with 2025 budget appropriations appeared to be over last month. However, Budget, Appropriations and Finance Committee Chair Donna Frett-Gregory said she received a “very troubling” letter from Gov. Albert Bryan Jr. on Wednesday. The letter said the Public Works Department needed a $5 million appropriation to subsidize VITRAN operations.
The committee discussed how the “miscommunication” concerning the appropriation came about. Sen. Dwayne DeGraff said the “miscommunication” would not be much of a problem if it was corrected and would not happen again.
Public Works Department Commissioner Derek Gabriel was at the committee meeting Wednesday to justify the request. “The omitted $5 million appropriation from DPW’s 2025 budget is essential for funding VITRAN’s personnel costs, fuel, and supplies necessary for daily operations. Without this funding, VITRAN will face severe financial constraints and be forced to significantly reduce or even cease operations and furlough employees,” he testified.
Spending little time on that discussion, senators used the opportunity to ask Gabriel about VITRAN operations.
Sen. Carla Joseph was concerned about VITRAN doubling the price for paratransit riders from $2 to $4. These rides are for handicapped people, often to dialysis treatment centers, other medical visits and personal care visits. Joseph said many of these people were on a fixed income and could hardly afford another rise in the cost of living.
“Competitor costs for similar services are much higher, up to 20 times higher than the current Paratransit fee,” Gabriel said. He added that VITRAN did not discuss the increase with groups representing the individuals using the service before it was implemented.
Sen. Ray Fonseca took the opportunity to thank DPW for the work it has done repairing the road in Bovoni and encouraged it to continue working on other roads in that estate. In fiscal year 2024, VITRAN gave 44,240 rides to seniors, representing approximately 20 percent of its ridership.
The government has historically funded most of VITRAN’s operations, with federal funds covering less than 30 percent of daily operations.
In addition to Sens. Frett-Gregory, Joseph, DeGraff, and Fonseca, the senators present included Novelle Francis and Marvin Blyden.
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Thursday’s ‘Throw Cancer Overboard’ Fundraiser Postponed Due to Weather
The “Throw Cancer Overboard” National Breast Cancer Awareness Month Pirate Mutiny Party that was scheduled for Thursday from 4 p.m. to 8 p.m. at the Sion Farm Distillery on St. Croix has been postponed due to the inclement weather. Details about a new date will be announced.
For more information, contact Mutiny Island Vodka at 340-690-9322, or Diane Hampton at 340-277-3879. The fundraiser/direct link to donate: https://support.stopbreastcancer.org/fundraiser/5873724





