The Court holds that the government submitted sufficient evidence to sustain a charge of littering in violation of 19 V.I.C. § 1563(5) because although witness testimony on the issue of mosquito breeding was fleeting, the defendant never cross-examined the witness on this issue nor made any attempt to dispute this element of the offense at trial. However, the Court holds that the evidence was insufficient to sustain a conviction for littering in violation of 19 V.I.R.R. § 1560-2(j) because that regulation is not consistent with chapter 56 of title 19 of the Virgin Islands Code, which only criminalizes the placement of junked vehicles on private property without the consent of the property owner. Furthermore, the Court holds that the Superior Court's decision to disallow the appellant's questioning of a witness on the issue of potential bias constituted a violation of the Confrontation Clause, but amounted to harmless error. Finally, the Court finds that the appellant's due process rights were not violated.
Supreme Court Of The Virgin Islands