{"id":126269,"date":"2021-03-30T22:22:27","date_gmt":"2021-03-31T02:22:27","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=126269"},"modified":"2021-03-30T22:35:18","modified_gmt":"2021-03-31T02:35:18","slug":"commentary-lawyer-obtains-piracy-order-from-court-of-lunacy","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-lawyer-obtains-piracy-order-from-court-of-lunacy\/","title":{"rendered":"COMMENTARY: Lawyer Obtains Piracy Order From Court Of Lunacy"},"content":{"rendered":"
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By Rawlston Pompey<\/strong><\/p>

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RIGHTS AND FREEDOMS v PUBLIC INTEREST<\/strong><\/p>\n

When the nation of \u2018Antigua and Barbuda\u2019<\/strong> formally severed the \u2018Umbilical Cord of Colonialism\u2019 <\/strong>from the United Kingdom,<\/strong> a new nation was born [November 1st<\/sup>, 1981]. The people proclaimed a desire to establish a framework of \u2018Supreme Law,\u2019<\/strong> within which to guarantee their inalienable human rights and freedoms.\u2019 These speak to; (a)<\/strong> \u2018\u2026Liberty; (b)<\/strong> \u2026Property; (c)<\/strong> \u2026Security; (d) \u2026Legal redress;<\/strong> (e)<\/strong> \u2026Speech; (f)<\/strong> \u2026Press; (g)<\/strong> \u2026Assembly; and (h)<\/strong> \u2026Assembly.\u2019 That which has always been conveniently or deliberately omitted has been a most fundamental clause. It advises that in the enjoyment of these rights and freedoms, they are; \u2018Subject to the public interest. In other words, the \u2018Public interest,\u2019<\/strong>shall supersede that of the \u2018Individual\u2019 [CO: 1981: Principle: \u2018E\u2019].<\/strong><\/p>

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SUPREME LAW<\/strong><\/p>

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These provisions appear to be inconsistent with the; (i) <\/strong>\u2018\u2026Founding Constitutional Principle\u2019 [Principle: \u2018D\u2019]: nor of (ii) \u2026 The Supreme Law.\u2019<\/strong> To all intents and purposes, the former unambiguously states; (a)<\/strong> \u2018\u2026This Constitution is the \u2018Supreme Law\u2019<\/strong> of Antigua and Barbuda; (b)<\/strong> \u2026If any other law is inconsistent with this Constitution, this Constitution shall prevail; and (c) \u2026To the extent of the inconsistency, the other law shall be void\u2019 [CO: 1981: Section 2].<\/strong> Judicial officers- (i) \u2018\u2026Judges; (ii) \u2026Masters; and (iii) \u2026Registrars\u2019<\/strong> that have been empowered under the \u2018Absconding Debtors Act,\u2019 particularly as it relates to the issuance of \u2018Warrant of Arrest\u2019<\/strong> [Section 2], shall know that the \u2018Law<\/strong>represents the \u2018Public Conscience\u2019<\/strong> and that irrespective of their; (a) \u2018\u2026Social; (b) \u2026Professional; and (c) \u2026Financial status,\u2019 every citizen owes to it an undivided allegiance\u2019 [CO: 1981: FCP: \u2018D\u2019].<\/p>\n

PERSPECTIVE<\/strong><\/p>

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For this commentary, while the focus will be on certain procedural aspects that operate within; (i)<\/strong> \u2018\u2026The Judiciary; (ii) \u2026Its behavior; (iii) \u2026That of Applicant\/Claimant; (iv) \u2026Treatment of Respondent\/Defendant; and (v) \u2026Certain provision contained in the Absconding Debtor Act.\u2019<\/strong> The contents reflect seized facts. This will include a scenario respecting; \u2018Obtaining Money Under False Pretence.\u2019 <\/strong>This particular crime often starts with a fraudster; intellectual or otherwise. Her\/she; (a)<\/strong> \u2018\u2026States an existing fact; (b) \u2026Disguised by the element of deception; and (c)<\/strong> \u2026Followed by an inducement.\u2019 Professional training, knowledge and practice focuses on \u2018Intent; Word and Conduct.\u2019 <\/strong><\/p>\n

PEJORATIVE TERMS<\/strong><\/p>

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Whether rightly or wrongly, citizens have almost always heard pejorative terms\u2019 <\/strong>being often been used in describing the behavior, either within, or by the \u2018Judiciary.\u2019<\/strong> Likened to members of the wider society, litigants have often used such terms as; (i) \u2018\u2026Corrupt Justice System; (ii) \u2026Racketeering; (iii) \u2026Crookedness; and (iv) \u2026Graft-taking\u2019 <\/strong>among a very small minority of \u2018Judicial Staff.\u2019<\/strong> Such often tend to place even \u2018Judicial officers\u2019<\/strong> under \u2018Public Scrutiny.\u2019<\/strong> It has been the knowledge that the \u2018Judiciary\u2019 has often found itself in dire need of competent \u2018Judicial officers.\u2019<\/strong> Thus, for efficiency and effectiveness in the administration of justice, the judicial system shall at all material times, be properly staffed with officers sufficiently au fait with national laws and adjudicating procedures. These are not only critical for effectiveness, but also in guiding informed and rational judicial decisions.<\/p>

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PLACE OF HORROR<\/strong><\/p>\n

Even as \u2018Chief Justice of the \u2018Eastern Caribbean Supreme Court (ECSC)\u2019<\/strong> Dame Janice Pereira has been promoting the Court as the \u2018Beacon of Hope,\u2019<\/strong> for many litigants, some \u2018Judicial officers\u2019<\/strong> have been promoting it as a \u2018Place of Horror.\u2019 <\/strong>Thus, it shall please the \u2018Chief Justice\u2019 if \u2018Judicial officers\u2019<\/strong> shall not allow craving or provide indulgence of expedition to those with the proclivity to enrich themselves by fleecing the unsuspecting victims. Even though those destined to the place where there will only be \u2018Fire and Brimstone,\u2019<\/strong> some professionals seem hell bent on taking as much wealth with them.<\/p>\n

PROFESSIONAL FRAUDSTERS<\/strong><\/p>\n

It still remains the knowledge that among the mantra of \u2018Law enforcement officers\u2019<\/strong> are; (i) \u2018\u2026Protect the weak against the strong; and (ii) \u2026The innocent against deception.\u2019<\/strong> Judicial officers appeared to have paved the way for \u2018Professional Fraudsters\u2019<\/strong> to \u2018Obtain Money Under False Pretence.\u2019 <\/strong>Fundamental to the crime of \u2018Obtaining Money by False Pretence,\u2019 <\/strong>are dishonesty, the intent or mens rea, and deprivation of property. Likened to the magician using \u2018Sleight of Hands,\u2019<\/strong> the fraudster often; (a)<\/strong> \u2018\u2026Conjures up a story (words); (b)<\/strong> \u2026Induces a state of mind that often leads victim to believe a fact exists);<\/strong> (c)<\/strong> \u2026Victim accepts as fact (deceived) and acts to his\/her detriment.\u2019<\/p>\n

JUDICIAL EARTHQUAKE<\/strong><\/p>\n

Just about 3pm, Friday [March 23, 2021],<\/strong> the judicial foundation of the nation may have been shaken when the frantic \u2018Son-in-law\u2019<\/strong> of a \u2018seventy-two (72) year-old Respondent\/Defendant\u2019<\/strong> approached my adjacent residence. He informed that \u2018Police officers\u2019<\/strong> had arrested his \u2018Mother-in-law.\u2019<\/strong>\u00a0 He revealed that it related to \u2018an unpaid Invoice in the sum of EC$ 44, 495\u2019 <\/strong>for certain professional services obtained at a certain medical facility. Though no personnel were seen, from professional knowledge of such visitation, it was obvious that the Law enforcement were either requested by; (a) \u2026Law Firm or (b) \u2026A Bailiff of the High Court of Justice,\u2019 merely to \u2018Prevent Breaches of the Peace.\u2019 This has always been part of the service rendered to the public. In the absence of a Police officer, all \u2018Hell has, and could break loose\u2019 <\/strong>at any time.<\/p>\n

PREGNANT WITH DECEPTION<\/strong><\/p>\n

Interestingly, one (1) day after the \u2018Settled Draft Order\u2019<\/strong> had been made, before the \u2018Debtor\u2019<\/strong> could have prayed; \u2018\u2026Dear Lord, heal my foot;<\/strong> and \u2026Help me to find a way to settle this outrageous and exorbitant bill,\u2019<\/strong> a convoy consisted of two \u2018Police vehicles\u2019 was at her \u2018Light Foote Residence.<\/strong>\u2019 In the \u2018Master\u2019s Chambers,\u2019 the third-party\u2018Deponed Debtor\u2019<\/strong> appeared to have found herself \u2018Tightly and helplessly wedged\u2019 <\/strong>between two \u2018High-Profile Professionals\u2019 <\/strong>and the Court. She was brought before the Court on a \u2018Warrant of Arrest.\u2019 This was obtained clearly by statements not entirely consistent with truth, but partially \u2018Pregnant with Deception.\u2019<\/strong><\/p>\n

FORK OUT – FORK IN – EC$10, 000<\/strong><\/p>\n

When the demand was made for full settlement of EC$44, 495. 000,\u2019 th<\/strong>e only way this may have been possible, was if she was possessed a concealed weapon and there and robbed; (i) \u2018\u2026The two Doctors; (ii) \u2026Bailiff and; (ii)<\/strong> \u2026The Master,\u2019 then pay the loot through the \u2018Registrar of the Court.\u2019<\/strong> It appeared that the \u2018Other side of Fate\u2019 stepped in, thus, availed time to \u2018Fork out and Fork\u2019<\/strong> into a law firm the sum of \u2018EC$10, 000\u2019<\/strong> on a \u2018Court Fixed Date\u2019<\/strong> [March 29, 2021].<\/p>\n

UNREPRESENTED LITIGANTS<\/strong><\/p>\n

Not infrequently citizens have been given reasons to view this institution as often being exploited by people with adequacy of means to oppress those starved of such luxury. It shall be warned that those that graced the \u2018Halls of Justice\u2019<\/strong>to; (i)<\/strong> \u2018\u2026Sits as arbiters or adjudicators; (ii) \u2026Interprets the nation\u2019s Laws; (iii)<\/strong> \u2026Administrate and dispense justice,\u2019 shall know that they have as much a responsibility to protect the \u2018Unrepresented Litigants,\u2019<\/strong> as they may show to high-profile Attorneys, representing high-profile litigants\/clients.<\/p>\n

THIRD-PARTY DEPONED DEBTOR<\/strong><\/p>\n

The Court\u2019s Bailiff executed the \u2018Master\u2019s Warrant of Arrest\u2019<\/strong> upon the third-party \u2018Deponed Debtor,\u2019 <\/strong>that saw her whisked away to the \u2018High Court of Justice.\u2019<\/strong> There was no opportunity to engage the services of a practicing attorney. Having no immediate visible means so to do, even as the sun was brightly shining, to her, it was as cold as a \u2018Winter night in Alaska.\u2019<\/strong> Many people so financially-deprived, have seen people financially well-positioned influencing the expedition of matters that are filed, \u2018less than seventy-two (72) hours,\u2019<\/strong> being hastily rushed to a \u2018Judge\u2019s Chamber\u2019<\/strong> for judicial consideration. If there was hope, the elderly Defendant saw no \u2018Beacon.\u2019 <\/strong>Neither could she believe that she was going to be served with \u2018Egg and Bacon.\u2019<\/strong><\/p>\n

ABSCONDING DEBTOR<\/strong><\/p>\n

The \u2018Creditor\/Claimant\u2019 deponed that the \u2018Debtor\u2019<\/strong> intends to abscond from this jurisdiction. This appeared not to have been contained in his \u2018Affidavit.\u2019 Then when; (i) \u2018\u2026A learned Judge; or (ii) \u2026Master; or (iii) Registrar\u2019 reads that which was deponed that; \u2018\u2026I was informed that the Defendant intends to leave Antigua very shortly to travel to the United States where she permanently resides,\u2019 <\/strong>only a nincompoop would believe she \u2018intends to \u2018Abscond.\u2019 <\/strong>\u00a0Consequent upon the \u2018Filed Affidavit,\u2019<\/strong> he applied for and obtained a \u2018Warrant of Arrest\u2019<\/strong> for the falsely assumed\u2018Absconding Debtor.\u2019<\/strong> In support of this contention, this was what the \u2018Applicant\/Claimant,\u2019 under \u2018Oath\u2019 <\/strong>deponed; \u2018\u2026<\/strong>(i) \u2026I do not know the precise flight for travel;<\/strong> (i) \u2026I verily believe that the Defendant could be located at Light Foote, St. George\u2019 <\/strong>[ANUHCV: ***: Paragraph 5: March 22, 2021].<\/p>\n

THE LAW <\/strong><\/p>\n

It was obvious that Parliament intended that Students at the \u2018Clare Hall Secondary School\u2019<\/strong> shall know \u2018The Law.\u2019<\/strong>Moreover, \u2018Principal Ashworth Azille\u2019<\/strong> shall properly instruct them. This is in the hope that in pursuit of a \u2018Legal Education,\u2019<\/strong> some may be appointed to sit on the \u2018Bench,\u2019 to make informed \u2018Judicial Decisions.\u2019 <\/strong>The law stipulates the;\u2018\u2026Form of Affidavit.\u2019 <\/strong>It states; \u2018\u2026The intention of the Defendant to quit Antigua and Barbuda on the same or another Affidavit; (i) \u2018\u2026Showing satisfactorily the ground on which the deponent believes; (ii). The date on which; (iii) \u2026The place for which the debtor proposes to leave;<\/strong> and (iii) \u2026As far as the same is known to the deponent\u2019 [Section 5: Absconding Debtors Act: Chapter 3].<\/p>\n

PERJURIOUSLY ISSUED WARRANT<\/strong><\/p>\n

Seemingly under hypnosis or \u2018Sleight of Intellect, \u2018a \u2018Master\u2019<\/strong> at the \u2018High Court of Justice,\u2019 <\/strong>seemingly not up to, or capable of matching the collective intellect of two smart professionals, appeared to have accepted that such may have been the case. A \u2018Judicial officer -Judge or Master or Registrar\u2019<\/strong> reading an \u2018Affidavit\u2019<\/strong> that constituted an \u2018Application for \u2018Warrant of Arrest,\u2019 <\/strong>shall have seen that given the contents contained therein, speaks to two possibilities; (i) \u2018\u2026 Warrant of Arrest <\/strong>was \u2018Perjuriously Issued; or<\/strong> (ii<\/strong>) \u2026The law may have been inadvertently overlooked or conveniently ignored. It begs the question, \u2018What manner of Judge is appointed to make decisions affecting the movement of a person entitled to enjoy, without hindrance, hurdles or obstacles, such freedom?\u2019<\/p>\n

JUDICIALLY CRUDE<\/strong><\/p>\n

The \u2018Judicially Crude\u2019<\/strong> and inconsiderate treatment of the timid and traumatized \u2018elderly American citizen\u2019 may have caused the \u2018Master, Her Ladyship, Justice Jan Drysdale\u2019 to <\/strong>review the rather hasty way the matter came to her \u2018Chambers.\u2019<\/strong> Incidentally, if not ironically, there had been no existing \u2018Judgment Order\u2019<\/strong> for execution by the \u2018Provost Marshall\u2019 or a High Court\u2019s Bailiff.\u2019<\/strong> Even so, consequent upon the \u2018Warrant of Arrest\u2019 <\/strong>so issued, a Bailiff was lawfully-bound to cause her to respond as the Court ordered [Section 2: Absconding Debtors Act: Chapter 3]. Given the urgency and Affidavit-omitted requirements of the law, upon reflections, she may now be convinced that the \u2018Respondent\/Defendant,\u2019 was not in fact \u2018an Absconding Debtor.<\/strong>\u2019<\/p>\n

COERCION AND INTIMIDATION<\/strong><\/p>\n

There had been no \u2018Cause of Action\u2019<\/strong> for immediate hearing and determination. The \u2018Settled Draft Order,\u2019<\/strong> speaks to two frightening elements of; (i) \u2018\u2026Coercion; <\/strong>and (ii) Intimidation.\u2019 <\/strong>It frighteningly states; (i)<\/strong> \u2018\u2026A Warrant of Arrest be issued to arrest the Defendant\/Respondent to bring her before the Court to; (b)<\/strong> \u2026Show cause why she should not give \u2018Security\u2019<\/strong> for the payment of EC$44, 495. 00<\/strong> owing to the Claimant\/Applicant; or (b) <\/strong>\u2026Committed to Her Majesty\u2019s Prison; (ii)<\/strong> \u2026The Applicant\/Claimant do serve the \u2018Claim Form and Statement of Claim\u2019<\/strong> on the Respondent within seven (7) days<\/strong> from the date of this Order; and (iii) <\/strong>\u2026The Respondent\/Defendant do pay to the Claimant cost of the application in the sum of $1, 000. 000\u2019 [March 22, 2021].<\/strong><\/p>\n

LIMPING APPEARANCE<\/strong><\/p>\n

Compelled to making a \u2018Limping-Appearance\u2019 before a \u2018Master\u2019 at the \u2018High Court of Justice,\u2019<\/strong> with a visible clinical adhesive applied to the affected part of the foot, neither Counsel for the Claimant, nor the Court\u2019 may have denied that the \u2018Respondent\/Defendant\u2019 had suffered some discomfiture. The other persons present were; (i) \u2026The non-adjudicating Master of the Court; (ii) \u2026Arresting Bailiff; (iii) \u2026Applicant\/Claimant; and (iv) \u2026<\/strong>a live-in Son-in-law.\u2019 A demand for a \u2018Part Payment of the reportedly prompted the frantic \u2018Respondent\u2019 into a response: \u2018You are asking for a million dollars\u2019<\/strong> [ANUHC: March 23, 2021.\u2019By this, reasonable inferences may have been drawn that the \u2018Respondent\u2019 may have been asking the \u2018<\/strong>the High Court Master;\u2019 \u2018Your Honor, are you allowing the Claimant to use the Judiciary to financially amputate my leg?\u2019<\/strong> Heaven, help them all.<\/p>\n

SHORT-TENURED MASTER<\/strong><\/p>\n

The reported matchless legal address to the Court by the trained and practicing attorney and the eloquence of his high-profile client, left<\/strong> her speechless and defenceless\u2019<\/strong> before the \u2018Short-Tenured Master\u2019 <\/strong>of the Court [February 18, 2021 \u2013 March 31, 2021].<\/strong> Seemingly sensed a \u2018Judicial Blunder,\u2019<\/strong> she was eventually discharged by the \u2018Master\u2026.\u2019 <\/strong>Moreover; the Court, in contemplation of incarceration, ordered her to (i) \u2026Show Cause why she should not be committed to Her Majesty\u2019s Prison;\u2019<\/strong> (ii)<\/strong> \u2026The Applicant\/Claimant to serve the Claim Form and Statement of Claim on the Respondent\/Defendant within seven (7) days from the date of this Order; and (iii) \u2026Respondent\/Defendant to pay to the Claimant Cost of the Application in the sum of EC$1, 000.\u2019 The Order finally states; \u2018\u2026The Claimant shall have carriage of this Order\u2019<\/strong> [March 22, 2021].<\/p>\n

EQUALITY AND PROTECTION<\/strong><\/p>\n

The apparent \u2018Contentious Invoice,\u2019<\/strong> supported by an Affidavit and rushed to a \u2018Master\u2019 of the High Court of Justice\u2019<\/strong>for judicial consideration under provisions contained in the \u2018Absconding Debtors Act\u2019 [Chapter 3],<\/strong> may have been placed on \u2018an Imbalanced Scale of Justice.\u2019<\/strong> Judges shall always be mindful of provisions provided for; (i) \u2018\u2026Equal treatment before the Court; and (ii) \u2026Protection of law.\u2019 The \u2018Master,\u2019 seemingly not guided by the constitutional guarantees, may have wished the Court\u2019s Bailiff may have been more considerate. The unnerving experience of the \u2018Respondent\/Defendant not only speaks to an urgent necessity, but more careful selection and appointment of \u2018Judicial Officers,\u2019<\/strong> with the capacity to make informed \u2018Judicial Decisions.\u2019<\/strong> deserves.<\/p>\n

PERJURIOUS FALSEHOOD<\/strong><\/p>\n

Astoundingly, this has been the experience of a \u2018seventy-two (72) year-old American citizen\u2019 <\/strong>and retiree, resident in this nation for a legitimate period of five (5) years.\u2019 In the Affidavit\u2019 that seemed \u2018Pregnant with Deception,\u2019<\/strong> while she may have \u2018Neglected to settle Debt,\u2019 <\/strong>it may have been a \u2018Perjurious Falsehood\u2019 <\/strong>to have deponed that; (i) \u2026She has the means to pay; (ii) \u2026Refused to pay; and that (iii) \u2026She has no defence to the specified sum EC$44, 495. 00 Claimed as per Invoice.\u2019 <\/strong>Without the conduct of a \u2018Judicial Means Test,\u2019<\/strong> it appeared insufficient procedural knowledge may also have factored in the issuance of the \u2018Warrant of Arrest.<\/strong>\u2019<\/p>\n

LIGHTENING SPEED<\/strong><\/p>\n

By a Creditor\/Claimant, a Respondent\/Defendant had been deponed as a potential \u2018Absconding Debtor.\u2019<\/strong> While private matters were to the knowledge of the Claimant, he demonstrated sheer adamance that the Defendant shall not leave the jurisdiction without the immediate settlement-arrangements was necessary. Considering the \u2018Lightening Speed\u2019<\/strong> some litigious matters have been fixtured, for \u2018Bench\u2019 for adjudication or in \u2018Chambers\u2019 for urgent judicial consideration.\u2019 Though that which was not heard or done in open Court was often given credence, some developments in camera, often raises suspicion, provoke consternation and\/or public outrage. The \u2018Particularized Claim NO: ANUHCV2021\/***\u2019<\/strong>supports unchallengeable facts addressed by a \u2018Master\u2019<\/strong> within the Judiciary.<\/p>\n

UNCONTROVERTED FACTS<\/strong><\/p>\n

Sequentially, these represents \u2018Uncontroverted Facts.\u2019 <\/strong>Thus, it is in the vested interest of; (a)<\/strong> \u2018\u2026The Judiciary;<\/strong> (b)<\/strong> \u2026General public; and (c) \u2026Judicial and Legal Services Commission (JLSC),\u2019<\/strong> these developments are highlighted. The records at the \u2018High Court of Justice\u2019<\/strong> shall not fail to show that \u2018Claim Forms and Statement of Claim\u2019<\/strong> were; (i)<\/strong> \u2018\u2026Duly signed by an Attorney-at-law and (ii) <\/strong>\u2026Submitted to the High Court of Justice at 13.45hrs or 1.45pm at Parliament Drive [March 19, 2021]. <\/strong>The particularized \u2018Statement of Claim Form\u2019 was purportedly; (i)<\/strong> \u2018\u2026Filed at 13. 45hrs [March 19, 2021];<\/strong> (ii) \u2026Filing Fees of EC$52.00<\/strong> was paid; (iii)<\/strong> \u2026Affidavit upon personal presentation by a high-profile \u2018Claimant,\u2019 the<\/strong> \u2018Commissioner of Oath\u2019<\/strong> administered the Oath to accord both legitimacy and status as a \u2018Deponent\u2019<\/strong>(Swearing on Oath to contents); and (iv) \u2026Fees paid EC$22.00<\/strong> [March 19, 2021].<\/strong> These, commendably reflect efficiency and professional competency within the \u2018Judiciary.\u2019<\/strong><\/p>\n

JUDICIAL CLOSURE<\/strong><\/p>\n

Be that as it may, still among the most vexing of matters languishing under judicial consideration has been the \u2018tragic vehicular accident death\u2019<\/strong> of Cedar Grove community resident, \u2018Andrea Hughes.\u2019 <\/strong>It has been delayed for an eternity, while \u2018James \u2018Tanny Rose and Sir George Ryan\u2019 have been persistently begging for \u2018Judicial Closure.\u2019 <\/strong>Then there are many other \u2018Criminal Cases,\u2019<\/strong> including that of \u2018former Antigua and Barbuda Transport Board Manager, \u2018Harry Josiah.\u2019 <\/strong>As for those continuing to languish in the penal institution, others not so institutionalized with residency, they too, continue to languish in anxiety, uncertainty and frustration. likened to many others overwhelmed and financially-challenged, there is hardly a way out of misery.<\/p>\n

EQUALITY BEFORE THE LAW<\/strong><\/p>\n

This is the juncture where it shall be made very clear that while conclusions may be drawn, no aspersion shall be made on the revered positions of \u2018Judicial Officers,\u2019<\/strong> or their professionalism, honesty and integrity, and neither \u2018Judicial Staff,\u2019 not necessarily considered to have issues that speak to \u2018unscrupulous behavior or skullduggery.\u2019 <\/strong>In their \u2018judicial functions,\u2019 they shall not only exercise an inherent discretion, but also take \u2018Judicial Notice\u2019<\/strong> of the principle contained in the \u2018Universal Declaration of Human Rights.\u2019 It was so state; \u2018\u2026All are equal before the Law and are entitled without any discrimination to equal protection of the law\u2019<\/strong> [UDHR: 1948: Article 7].<\/p>\n

PROFESSIONAL KNOWLEDGE<\/strong><\/p>\n

It has been the professional knowledge and experience that while \u2018robbers\u2019 attack victims with guns and knives, the professionals skillfully use their \u2018intellect\u2019<\/strong> in fleecing the innocent and unsuspecting clients. Every precaution has been taken to conceal the identity, and avoid references to, and the identities of the litigating parties. It has not only been the professional knowledge, but also a legal duty to follow the \u2018Law Enforcement Code of Ethics.\u2019<\/strong> However, even with such \u2018Code\u2019<\/strong> and ever dangling consequences, nothing stops a \u2018Rogue Cop\u2019<\/strong> from positioning him\/herself to \u2018Get something\u2019<\/strong> and \u2018Get into trouble.\u2019<\/strong><\/p>\n

CROOKED PROFESSIONALS<\/strong><\/p>\n

Conversely, nothing stops the \u2018Crooked Professionals,\u2019<\/strong> from using their intellectual skills in \u2018Fleecing Clients.\u2019<\/strong> For it has been the public\u2019s cry that purposeful \u2018Consultative Visits\u2019<\/strong> to the office of certain professionals not endowed with scruples or with a proclivity to engage in fraudulent behavior have the innocent more pain than had been their medical conditions. It may have been for situations like these, that the offence of \u2018Fraud\u2019<\/strong> had been created, primarily to protect the innocent and vulnerable. The Courts, therefore, shall not allow any \u2018Abuse of Process.<\/strong>\u2019 Neither shall \u2018Judicial officers\u2019<\/strong> position, or offer themselves to be manipulated.<\/p>\n

A SCENARIO<\/strong><\/p>\n

The scenario contained herein, may help in an understanding of this crime. For instance; (i)<\/strong> \u2018\u2026A person \u2018Consultatively Visits\u2019<\/strong> a medical practitioner; (ii)<\/strong> \u2026 Medical history is sought;<\/strong> \u2026(iii) \u2026<\/strong> If a sore leg, a professional opinion will be given (iv)<\/strong> \u2026Affected foot is examined; (v)<\/strong> \u2026Diagnostic and prognosis are given.\u2019 The practitioner then induces \u2018State of Mind\u2019<\/strong> by a professional advice, that the affected is serious; (a)<\/strong> \u2026May lead to surgical amputation (mind filled with fear and anxiety); and (b)<\/strong> \u2026Practitioner advises that foot could be saved by clinical surgery (relived- fear partially subside).\u2019<\/p>\n

UNSUSPECTING VICTIM<\/strong><\/p>\n

As a consequent of such assurances, the \u2018Unsuspecting Victim\u2019<\/strong> agrees to; (i)<\/strong> \u2018\u2026Surgery; (ii)<\/strong> \u2026Clinical and surgical formalities, including pre-tests and Vital signs checks are complete; and (iii)<\/strong> \u2026Brief possible cost may or may not be given (opportunity to inflate or deflate Cost<\/strong>). Finally, deception is complete and victim submits to procedure complete;(a) \u2026Observation period of 72 hours or 3 days<\/strong> showed no clinical reaction or instability occurs; (b)<\/strong> \u2026Assurances and encouragement are given; and (iii) <\/strong>\u2026Discharged and given the status of; \u2018Out-patient,\u2019<\/strong> with follow-up treatment.\u2019<\/p>\n

MANIFESTATION OF JUSTICE<\/strong><\/p>\n

Instructively, by way of an Affidavit, the \u2018Deponed Claimant\u2019<\/strong> advised the \u2018Court\u2019 that; (i) \u2018\u2026The Defendant requires to travel overseas\u2019 for unspecified medically-related care; (ii) \u2026Defendant had personally advised the Claimant of an intention to travel overseas.\u2019 Additionally, they shall know that \u2018\u2026It is fundamental that justice should not only be done, but should manifestly be seen to have been done. <\/strong>In the same dicta, he said, \u2018\u2026Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice.\u2019 [1924: Lord Gordon Hewart: Regina v Sussex: 1KB: 256]. <\/strong><\/p>\n

DEPRIVATION OF LIBERTY<\/strong><\/p>\n

The \u2018Master\u2019<\/strong> appeared to have been guided by the \u2018Horse-Bolting Syndrome-\u2019<\/strong> \u2018Close the stable door before it bolted.\u2019 The \u2018Respondent\/ Defendant\u2019<\/strong> and former patient and outpatient\u2019 of a certain medical facility was known, the \u2018Claimant\u2019 reportedly adamant that a debt of \u2018some EC$44, 495. 00\u2019<\/strong> shall be immediately settled, caused the Judiciary to be visited upon her residence [March 23, 2021. Such debt reportedly incurred for professional services rendered between \u2018February 24, 2021 and March 16, 2021,<\/strong>\u2019 saw the unthinkable and unusual. A submitted \u2018Invoice\u2019<\/strong> and an immediate demand for full payment resulted in the issuance of a \u2018Warrant of Arrest\u2019 and \u2018Deprivation of Liberty.\u2019 <\/strong><\/p>\n

INVOICED INDEBTEDNESS<\/strong><\/p>\n

Rivers and sunken wells often run dry. So too, are finances with a receivable income. To the young adults to the elderly, indigent or poverty-stricken, and even Governments, including \u2018Social Security, in the \u2018Twinkle of an eye,\u2019<\/strong> their finances often dwindle, or dissipates. She was reportedly poised to fork out money from an \u2018ant mound to the sum of \u2018some EC$10, 000.00.\u2019 <\/strong>This was to represents \u2018Part Payment\u2019<\/strong> primarily principled upon recognition, but not necessarilyacknowledging or confessing the \u2018Invoiced Indebtedness\u2019<\/strong> to a Claimant who had reportedly performed a \u2018double-procedure on a foot sore.\u2019<\/strong> However, with suspectedly poor prognosis of early healing [February 23, 2021]. The reported \u2018Invoiced Fees\u2019<\/strong> were said to have been; (i) \u2018\u2026A previously settled \u2018Bill for EC$5, 000; and (ii) \u2026Current Invoice for EC$44, 495. 00.\u2019 <\/strong><\/p>\n

PIRACY COURT ACT <\/strong><\/p>\n

Most disheartening was an application to the distinguished \u2018Master in Chamber\u2019<\/strong> of the High Court of Justice. Then came the most troubling request; \u2018\u2026In the circumstances, I humbly request that this Honourable Court makes the Order prayed for in the application for a \u2018Warrant of Arrest\u2019<\/strong> of the Respondent under the provisions of the \u2018Absconding Debtors Act,\u2019 Cap 3<\/strong> of the Laws of Antigua and Barbuda and that the Respondent does pay the cost of the Application\u2019 [Paragraph 6]. Though deceased practicing attorney \u2018Ralph Francis\u2019<\/strong> had not named this Act, he had privately described it as the \u2018Piracy Act.\u2019 Others had described it as the \u2018Piracy Court Act.\u2019 <\/strong>This scenario shall neither be associated with any professionally practicing medical officer, operable Clinic or medical facility within this jurisdiction.<\/p>\n

QUEEN\u2019S PIRATES<\/strong><\/p>\n

For under the provision of the \u2018Absconsion of Debt Act\u2019 [Section 8 (2) & (3)],<\/strong> a creditor is procedurally empowered to make \u2018an Affidavit Applicant\u2019 with a \u2018Statement of Claim\u2019 to a \u2018Judge or Registrar of the High Court of Justice.\u2019\u00a0 This has been the \u2018Section\u2019 that often turns creditors and lawyers, Registrars, Masters and Judges. \u00a0into characters associated with piracy. Likened to the \u2018Queen\u2019s Pirates Francis Drake\u2019 [1540-1596]<\/strong> and Henry Morgan [1635-1688]. Incidentally, the former was nicked \u2018The Dragon,\u2019<\/strong> while the other \u2018The Terrible.\u2019<\/strong> Though not necessarily a frequent occurrence within this jurisdiction, some creditors have exploited situations that have influenced those with; (i) \u2018\u2026Money; (ii) \u2026Power; and (\u2018ii) \u2026Authority\u2019<\/strong> to act against the poor oppressively.<\/p>\n

JUDICIAL POWER AND AUTHORITY<\/strong><\/p>\n

The minds of those so positioned to wield \u2018Judicial Power and Authority,\u2019<\/strong> often become warped; \u2026intellect manipulated; judgment is impaired, and conscience becomes dead.\u2019 Research has shown that it has often been in such setting \u2018Perverse Decisions\u2019<\/strong> were often made to the disadvantage to a litigating party and detrimental to another. \u00a0<\/strong>It appeared to have been in such setting that \u2018Piracy Orders\u2019 <\/strong>were often secured upon \u2018Sworn Affidavits\u2019<\/strong> with unproven statements. In the instant Case, the parties present at the \u2018In-Camera Hearing,\u2019<\/strong> were reported to have been; (a) \u2018\u2026The Judge; (b) \u2026Claimant; and (c) \u2026Counsel for the Claimant.<\/strong>\u2019 Though it may not have been the case, \u2018Chamber Application\u2019<\/strong> of the provisions appears disadvantageous to a \u2018Debtor.\u2019 This appears capable of being called the \u2018Court of Justice for Creditors.\u2019<\/p>\n

REASONS OF EXPEDIENCY<\/strong><\/p>\n

It may have been the specified procedures contained in the \u2018Absconding of Debtors Act,\u2019<\/strong> why it may have been so referred. It states; \u2018\u2026The Judge or Registrar, as the case may be, may, if he\/she shall think it fit, proceed to dispose of the action by trial thereof, or may direct such action to be set down for trial, irrespective of the amount claim, at the first convenient sitting of the Court\u2019 [Section 8 (2): ADA: Chapter 3]. Parliament anticipating that for \u2018Reasons of Expediency,\u2019 <\/strong>it may necessitate hasty resolution. Thus, it further states; \u2018\u2026There shall be no pleadings in any such action unless a Judge shall otherwise order, but the Affidavits filed on behalf of the \u2018Plaintiff and Defendant\u2019 respectively shall be taken to set forth the respective \u2018Grounds of Claim and Defence,\u2019<\/strong> obey the said order of the Court\u2019 [Section 8 (3)].<\/p>\n

CONCLUSION<\/strong><\/p>\n

Through an apparent grave judicial blunder, a seventy-two (72) year-old retired American citizen,\u2019<\/strong> resident in Antigua and Barbuda for five (5) years, has seemly suffered the \u2018Worst of Indignities.\u2019<\/strong> This occurred within the \u2018Judicial System\u2019 that has resulted from the questionable issuance of a \u2018Warrant of Arrest\u2019 <\/strong>as deponed by a Creditor as \u2018an Absconding Debtor\u2019 [March 22, 2021].<\/strong> For academic interest, this was based upon \u2018an Affidavit,\u2019 supporting the Application. Instructively, the development showed no prior service of processes of the \u2018High Court of Justice; (i) \u2018\u2026Claim Form; and (ii) \u2026Statement of Claim,\u2019<\/strong> either suggested; (a) \u2018\u2026Gross incompetency; (b) \u2026Abuse of Process; or (c) \u2026Making mockery of the Judiciary.\u2019<\/strong> Given these developments, it shall never be perceived by litigants and members of the wider society, that the \u2018Judiciary\u2019<\/strong> is more than willing to subject \u2018Meager-Means Defendants\u2019<\/strong> to the propensities of \u2018Affluent Litigants\u2019 with cravings for money to \u2018exploit and fleece and pauperize or piratize\u2019 (right or wrong-new word) the innocent and unsuspecting by reasons <\/strong>of their superior intellect, social status, substantial means and exceptional quality of life. ***<\/p>\n

\u00a0<\/strong><\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

By Rawlston Pompey RIGHTS AND FREEDOMS v PUBLIC INTEREST When the nation of \u2018Antigua and Barbuda\u2019 formally severed the \u2018Umbilical Cord of Colonialism\u2019 from the United Kingdom, a new nation was born [November 1st, 1981]. The people proclaimed a desire to establish a framework of \u2018Supreme Law,\u2019 within which to guarantee their inalienable human rights […]<\/p>\n","protected":false},"author":3,"featured_media":120209,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-126269","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Lawyer Obtains Piracy Order From Court Of Lunacy - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-lawyer-obtains-piracy-order-from-court-of-lunacy\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Lawyer Obtains Piracy Order From Court Of Lunacy\" \/>\n<meta property=\"og:description\" content=\"By Rawlston Pompey RIGHTS AND FREEDOMS v PUBLIC INTEREST When the nation of \u2018Antigua and Barbuda\u2019 formally severed the \u2018Umbilical Cord of Colonialism\u2019 from the United Kingdom, a new nation was born [November 1st, 1981]. 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