{"id":175723,"date":"2023-06-09T11:02:44","date_gmt":"2023-06-09T15:02:44","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=175723"},"modified":"2023-06-09T12:00:57","modified_gmt":"2023-06-09T16:00:57","slug":"commentary-flawed-interpretation-reek-of-patronizing-deception","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-flawed-interpretation-reek-of-patronizing-deception\/","title":{"rendered":"COMMENTARY: Flawed Interpretation – Reek of Patronizing Deception"},"content":{"rendered":"
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By Rawlston Pompey<\/span><\/p>

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From a Law enforcement practice, some professionals were never known to have used firearms to commit the criminal act of robbery. <\/span><\/p>\n

From professional knowledge and experience, those starved of scruples, were often accused of using their \u2018Superior Intellectual Skills,\u2019 in fleecing or depriving innocent clients\/victims, in acquiring just that their greedy little hearts considered desirable to be possessed.\u00a0<\/span><\/p>

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In the instant case, the use of the intellect turns slightly on \u2018Legalistic Opinions.\u2019 Some appear intended to deceive the general public and defraud those of intellect, yet of gullibility and susceptibility.<\/span><\/p>

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CAUSE CELEBRE<\/span><\/p>\n

If the meaning of \u2018Cause Celebre\u2019 is to be understood, it would be that which \u2018Kings Counsels: Attorneys; (i) E. Ann Henry: (ii) Justin L. Simon; and (iii) Sir Gerald Owen Anderson Watt KCN and his Associates; (iv) Dr. David Dorsett; and (v) Jarid Hewlett\u2019 has caused to saturate the pages of some news portals. <\/span><\/p>

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On the issue of the \u2018Governor General\u2019s Functional Authority,\u2019 these esteemed \u2018Legal Practitioners and Luminaries\u2019 clearly have different interests. Some seemed interested to earn legal fees, however it is to be earned. Some have shown that the populace and nation\u2019s interests, shall be protected from \u2018Professional Vultures.\u2019\u00a0<\/span><\/p>\n

FUNCTIONAL IMPOTENCE<\/span><\/p>

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Thus, some appear willing to provide \u2018Legal Services\u2019 that seemed; (a) \u2018Pregnant with misinterpretations; (b) Reek of misinformation intended to misguide and shape beliefs on irrationally reasoned legal points; and (d) Provide suspected warped \u2018Legal Opinions.\u2019 Should \u2018Governor General, Sir Rodney Errey Williams KGN, GCMG, MBBS,\u2019 not mindful, legalistic and opinionated information may not only lead to confusion and erratic decision-making, but also be seen in a sorry state of \u2018Indecision and functional impotence.\u2019\u00a0<\/span><\/p>

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PERSPECTIVE\u00a0<\/span><\/p>\n

The position taken, and the contents provide herein in this commentary, are only for the benefit of public information and enlightenment. It primarily seeks to provide an understanding of: (i) \u2018The Statute Law\u2019 as it relates to \u2018Commission of Inquiry\u2019 [1880: Section 2: Chapter 91: Revised Edition: 1992: Laws of Antigua and Barbuda; and (ii) The Constitutional provision as it relates to the \u2018Functions of Governor General; (a) \u2018Acting on the \u2018Advice of Cabinet: (b) Acting solely on provisions of the Constitution and provisions of \u2018EXCEPTIONS\u2019 under \u2018Section 80 (1): and (c) Any other Law that requires the Governor General to act\u2019 [Constitution Order: No. 1106: 1981]. This is not opinionated. Lest it be misconstrued, it is given to understand, particularly those endowed with the skills of comprehension.<\/span><\/p>\n

THE AUTHOR<\/span><\/p>\n

The author holds no \u2018Degree in Law,\u2019 but boasts a reasonably successful career in \u2018Criminal Law Enforcement.\u2019 This has taken him to the highest level within the \u2018Police Service of Antigua and Barbuda.\u2019 He harbors no trepidation by any \u2018Criminal Practice Attorney.\u2019 <\/span><\/p>\n

Though awarded the prestigious \u2018Queen\u2019s Police Medal (QPM: 2004) for service to \u2018Law Enforcement,\u2019 he sees this more as a \u2018Colonialistic Token,\u2019 than an achievement.<\/span><\/p>\n

Nowhere in these commentaries has the acronym \u2018QPM\u2019 was ever seen behind the name \u2018Rawlston Pompey;\u2019 (b) He holds no briefs: (c) Represents no interests, vested or otherwise: and (c) Takes on no advocacy regarding \u2018Royally Commissioned Public Inquiry.\u2019 Though it appears not to be recognized, such function resides only with \u2018His Majesty\u2019s Representative. Though he may read at his own risk, this commentary is really not for \u2018His Excellency, the Governor General.\u2019<\/span><\/p>\n

FOWL AND COCKROACH<\/span><\/p>\n

While humans often experienced creepy feelings about \u2018flying and crawling insects,\u2019 feathered animals appeared to have an insatiable appetite for the inescapable \u2018Cockroaches.\u2019<\/span><\/p>\n

These appeared to be most appetizing to most flying feathered species. The clich\u00e9, \u2018Cockroach has no business in fowl coup,\u2019 stands true to its saying. <\/span><\/p>\n

While this axiom was often said of people intervening in things that do not directly affect them, there may be no serious danger being entangled. <\/span><\/p>\n

As regards humans, though they possess that which the \u2018Cockroach\u2019 does not possess, they have a \u2018Sense\u2019 that no animal, whether in the wild or in captivity, possess. In some places, for their colour, they are called \u2018Mahogany Birds.\u2019 <\/span><\/p>\n

They too, will be airborne when threatened with death.<\/span><\/p>\n

LEGAL HEAVY WEIGHTS<\/span><\/p>\n

Even so, sometimes, humans got into things that \u2018Cockroaches\u2019 may have instinctively avoided. Whether or not \u2018Fowls\u2019 have a unique craving for \u2018Cockroaches,\u2019 as it comes to the fight between the \u2018Legal Heavy Weights,\u2019 the author is prepared to risk being floored by venturing into their arguments. <\/span><\/p>\n

This was on the full understanding that the \u2018Legal Opinions\u2019 of \u2018His Majesty\u2019s\u2019 duly awarded \u2018King Counsels,\u2019 differing in their views, as they have, shall be accorded the utmost respect.\u00a0 <\/span><\/p>\n

Suffice to say that their interpretations and understanding of the statutory provision that provides for the issuance of \u2018Commission of Inquiry\u2019 [COIA: Section 2: Chapter 91], the operative word \u2018Lawful,\u2019 appeared not to have been given unanimity in interpretations.\u00a0<\/span><\/p>\n

LEGAL STANDPOINT<\/span><\/p>\n

Accepting that which was purportedly authored by; (i) The venerable, sometimes cantankerous and disagreeable and whatever else describes his personality, \u2018Sir Gerald Owen Anderson Watt KCN, KC or \u2018King\u2019s Counsel,\u2019 from a \u2018Legal Standpoint,\u2019 shall be described as a \u2018Legal Luminary.\u2019<\/span><\/p>\n

His Associates (i) Dr. David Dorsett, a \u2018Man of Cloth\u2019 (Church Pastor): and (ii) Jared Hewlett, a still learning \u2018Rookie Attorney,\u2019 would have done well in putting their thoughts together. They speak to the issue of the \u2018Governor General\u2019s Authority\u2019 in issuing a \u2018Commission of Inquiry\u2019 without being so \u2018ADVISED\u2019 by the Cabinet\u2019 [CO: 1981: Section 80 (i)].\u00a0<\/span><\/p>\n

PARASITIC EARNING<\/span><\/p>\n

While some legal practitioners appear to be \u2018Parasitically Earning\u2019 off the State, the overwhelming majority, appear to have been constantly pushed to the \u2018Edge of Poverty.\u2019\u00a0 Surely, if\u00a0 Parliamentarians understood the mandate given and the people plight and concerns, likened to the legal practitioners that have called for \u2018Transparency and Accountability,\u2019 \u2018Shugary Snyman,\u2019 may have used his presence within the \u2018Chambers of Parliament,\u2019 not only in helping to build \u2018Parliamentary Democracy,\u2019 but also\u00a0 making democracy work in the wider society; That when a people have placed \u2018Public Trust\u2019 in those they trust, and have been given reasons to feel distraught, instead of submitting to environmental pressures, they shall bravely crest the waves until the water gets calmer.\u2019\u00a0\u00a0<\/span><\/p>\n

REMUNERATED LEGAL SERVICES<\/span><\/p>\n

The \u2018Law Firm of Watt and Associates\u2019 is not only known as a reputable team of \u2018Legal Practitioners,\u2019 but also a \u2018Law Firm\u2019 often engaged for the purposes of providing \u2018Remunerated Legal Services\u2019 to many \u2018Government Departments.\u2019 Most notably, has been the constitutionally-established \u2018Police Service Commission (PSC).\u2019 <\/span><\/p>\n

The Services rendered might be seen in the \u2018Legal Matters\u2019 involving the apparent acrimonious and victimized sacking of \u2018former Commissioner of Police, Wendell Robinson\u2019 [Suspended: Observer: April 5, 2018: Litigation: November 25, 2019: Sacked: October 26, 2020: Litigation: ANUHCV: 2020\/0217].<\/span><\/p>\n

INARGUABLE FUNCTIONAL STIPULATIONS\u00a0<\/span><\/p>\n

While the \u2018Constitution Order\u2019 has inserted into \u2018Section 80 (1),\u2019 inarguable functional stipulations,\u2019 those so giving \u2018Legal Opinions,\u2019 as opposed to \u2018Advice,\u2019 shall have been prudent in looking at the \u2018EXCEPTIONS\u2019 contained therein. One non-legal social media commentator, identified as \u2018Dion Pelle,\u2019 has made such observation [ANR: June 7, 2023]. Clearly, this may have been due to inadvertence on the part of many legal practitioners, including the \u2018Interventionists; \u2018Watt and Associates.\u2019\u00a0 <\/span><\/p>\n

The inarguable \u2018Exceptions\u2019 state: (i) \u2018\u2026Except in cases where other provision is made by the Constitution; and (ii) Any other Law, and without prejudice to the \u2018Generality\u2019 of this \u2018Exception,\u2019 and in cases where by; (a) \u2018This \u2018Constitution; or (b) Any other Law he is required to act\u2019 [ANU: CO: 1981: Section 80 (1)].\u00a0<\/span><\/p>\n

GOVERNOR GENERAL\u2019S MANDATE<\/span><\/p>\n

That which seemed to have been a soaring \u2018Heat Wave,\u2019 has been the issue over the \u2018Governor \u2018General\u2019s Mandate\u2019 to act on the \u2018Advice\u2019 of the Cabinet in performing his functions as stipulated in the \u2018Constitution Order.\u2019 <\/span><\/p>\n

Even as solicited and non-solicited \u2018Legal Opinions\u2019 have been rendered, clearly appears to be one for debate. That which \u2018His Excellency\u2019 may have sourced other than \u2018Legal Opinions,\u2019 may have \u2018Legal Advice.\u2019 Widely known as one of the \u2018Government\u2019s Legal Services\u2019 provider, the \u2018Law Firm- Watt and Associates\u2019 has also taken its legal position to social media.\u00a0<\/span><\/p>\n

STORM OF CONTROVERSY<\/span><\/p>\n

Clearly, any omission of these \u2018Exceptions,\u2019 rightly or wrongly, could easily be viewed as \u2018Mired in Patronizing Deception.\u2019 In spite of, and amidst the \u2018Storm of Controversy\u2019 facing Governor General, His Excellency. <\/span><\/p>\n

Sir Rodney Errey Williams KGN, GCMG, MBBS\u2019 over his authority or lack thereof, in issuing a \u2018Commission of Inquiry,\u2019 he could easily climb to the summit of \u2018Mount Obama.\u2019 With some expertise in \u2018Sports Medicine,\u2019 this seems achievable without calling upon \u2018Sir Lester Bryant Bird KCN\u2019 for \u2018Aspirin,\u2019 or the \u2018Medical Center for an Ambulance\u2019 or a \u2018Fire Tender\u2019 to bring him cooling water in this rather hot weather.\u00a0<\/span><\/p>\n

MINDSET IN ACCEPTANCE<\/span><\/p>\n

Likened to the devasting and destructive \u2018Wildfires\u2019 now rapidly consuming parts of Canada, obscuring the skies over the \u2018United States,\u2019 the debate on whether \u2018Governor General, His Excellency Sir Rodney Errey Williams KGN, GCMG, MBBS\u2019 and his functional authority, rages on. Sourced and unsourced \u2018Legal Opinions,\u2019 appeared to have trapped \u2018His Excellency\u2019 in a \u2018Mindset in Acceptance.\u2019 Some Legal Luminaries\u2019 and some \u2018Legal Quacks\u2019 have opined that no such \u2018Authority,\u2019 neither; (a) Constitutionally; nor (b) Statutorily\u2019 to issue a \u2018Royal Commission of Inquiry\u2019 resides in his office.\u00a0<\/span><\/p>\n

JCPC: UNFETTERED ACCESS<\/span><\/p>\n

Even for the enjoyment of the novelty of the \u2018Office of Governor General,\u2019 one shall never be seen as; (a) \u2018Functionally Impotent,\u2019 as to be seen as subjecting himself to remunerated \u2018Intellectual Functionaries.\u2019 Even when solicited \u2018Legal Opinions\u2019 were given or unsolicited \u2018Legal Opinions\u2019 were published to lend indirectly, personal positional support he\/she, runs the risk of being seen as ceremonially-misdirected functionaries. <\/span><\/p>\n

Moreover, when he\/she is seen as solely reliant upon \u2018Patronizing Functionaries\u2019 for \u2018Legal Opinions,\u2019 he\/she also run a graver risk of losing respect and confidence of the populace. Thus, it cannot be overly emphasized that which \u2018His Excellency\u2019 may rely only on, and that which he has \u2018Unfettered Access\u2019 for \u2018Legal Advice.\u2019 This shall always be the \u2018Judicial Committee of the Privy Council (JCPC).\u2019<\/span><\/p>\n

SUSPICION- DECEPTION<\/span><\/p>\n

From the \u2018Legal Opinions\u2019 read on social media, some have been viewed as reek of \u2018Misconception; Suspicion and Deception.\u2019 <\/span><\/p>\n

Given the issue that appeared to have moved some \u20188,000 Qualified Voters,\u2019 in petitioning his office to act, and surrounds a national Airline named \u2018Antigua Airways,\u2019 necessarily would arouse suspicions. This might be particularly be so, when not necessarily for financial reasons, or mechanical failure or human error, as fast as it became operational, it reportedly became defunct. <\/span><\/p>\n

The abruptness provoked suspicion of conduct, bordering \u2018Malfeasance.\u2019\u00a0 Challenging the collective, legal positions of \u2018King Counsels Justin L. Simon,\u2019 in social media, \u2018House of Representatives Speaker, Sir Gerald Watt KCN; and Associates Pastor Dr. David Dorsett, along with rookie attorney, Jarid Hewlett,\u2019 took the attack on their opinion to social media.\u00a0<\/span><\/p>\n

VERBALLY AND VICIOUSLY<\/span><\/p>\n

This Statutory provision on the independent issuing of a \u2018Commission of Inquiry\u2019 by the \u2018Governor General,\u2019 has triggered national discussion. <\/span><\/p>\n

Disguisedly and disgustedly, yet indirectly and collaboratively, they have numerically strengthened some five \u2018Solicited Legal Opinions.\u2019 Be that as it may, \u2018His Excellency\u2019 has no obligation to be so guided, neither by solicited or unsolicited \u2018Legal Opinions.\u2019 As his \u2018Majesty\u2019s Representative,\u2019 he still reserves the right to seek \u2018Legal Advice\u2019 from \u2018His Majesty\u2019s learned Councilors on the \u2018Judicial Committee of the Privy Council (JCPC)\u2019 [United Kingdom].<\/span><\/p>\n

COLLECTIVE LEGAL OPINION<\/span><\/p>\n

Seemingly holding firmly to their collective harbored belief and legal view, the \u2018Law Firm-Watt and Associates\u2019 shared through social media a \u2018Collective Legal Opinion.\u2019 They have supported that which the \u2018Cabinet of Antigua and Barbuda\u2019 reportedly pursued and obtained. In a release to the media, it was revealed that; \u2018TWO\u2019 Legal Opinions were obtained from \u2018King\u2019s Counsels\u2019 (no identity), via the \u2018Ministry of Legal Affairs\u2019 regarding the \u2018Authority\u2019 of the \u2018Governor General\u2019 in relation to the establishment of \u2018Public Inquiries.\u2019 [ANR: May 25, 2023]. The trio came out attacking \u2018Verbally and Viciously\u2019 spewing disparaging remarks at their colleagues, decrying their knowledge on matters of constitutionality.<\/span><\/p>\n

AUTHORITATIVE AND AUTONOMOUS<\/span><\/p>\n

Framers of the \u2018Constitution Order\u2019 anticipated that the \u2018Governor General\u2019 shall not only be subjected to the \u2018Advice of Cabinet,\u2019 also shall be Authoritative and \u2018Autonomous.\u2019 Inferentially, they have said to \u2018Governors General,\u2019 particularly, those who possess inter alia: (a) \u2018Superior intellect; (b) Endowed with reason and conscience; (c) Independence of mind; (d) Strength of character; and (e) Integrity; \u2018It shall not be necessary to await the Cabinet for \u2018Functional Advice.\u2019 That which they have said to \u2018His Majesty\u2019s Representatives,\u2019 \u2018His Majesty, The King,\u2019 has provided \u2018Testicular Fortitude\u2019 to a Man\u2019 and those of the opposite sex, the \u2018Strength of a Woman.\u2019<\/span><\/p>\n

COWARDICE AND INDECISIVENESS<\/span><\/p>\n

Her Majesty then alerted; \u2018There will be trials and temptations. You will be frightened into believing that \u2018Fire and Brimstone\u2019 await you somewhere not too far from \u2018Heaven,\u2019 but still not close to it.\u2019 This may only happen if \u2018Cowardice and Indecisiveness\u2019 removed your endowed \u2018Reason and Conscience.\u2019<\/span><\/p>\n

These are necessary to guide \u2018His Majesty\u2019s Representatives\u2019 through difficult situations and in making rationally-informed decisions. Given the apparent difficulties facing \u2018His Excellency,\u2019 looking at both the \u2018Constitutional and Statutory provisions, the \u2018Opinionated Legal Conclusions\u2019 read on this news portals and reportedly offered by some \u2018University Professors and Lecturers, they are capable of being likened to \u2018Architects\u2019 that do not construct infrastructure.\u00a0<\/span><\/p>\n

EXCEPTIONS\/TRANSITIONAL PROVISIONS<\/span><\/p>\n

Except for the Law Firm of \u2018Watt: Dorsett; and Hewlett,\u2019 likened to musicians playing their instruments off-key, by not addressing; (a) \u2018The \u2018EXCEPTION\u2019 provided in Section 80 (1); and (b) The constitutional \u2018TRANSITIONAL PROVISIONS\u2019 [CO: 1981: Page 79], some opinions may have been seen as flawed.<\/span><\/p>\n

Some have clearly not considered the \u2018Language\u2019 contained in the \u2018Commission of Inquiry Act\u2019 (COIA).\u2019 Such seemed not to comport with the views or opinions of others of similar legal practice, knowledge and experience. Some have argued, and continue to argue over the \u2018AUTHORITY\u2019 of the \u2018Governor General\u2019 establishing a \u2018Commission of Inquiry without the Advice of the Cabinet,\u2019 while the statutory provision speaks to \u2018LAWFULNESS.\u2019\u00a0<\/span><\/p>\n

WOEFUL WANT: KNOWLEDGE<\/span><\/p>\n

Should it be inferred that after \u2018attainment of independence\u2019 the \u2018Functional Status\u2019 of the \u2018Governor General\u2019 has changed, then it may have been due to either; (a) \u2018Grievous lack of constitutional research; or (b) Woeful Want of Knowledge.\u2019<\/span><\/p>\n

The \u2018Transitional Provision\u2019 states: \u2018Until such time as a person has assumed office of \u2018Governor General\u2019 having been appointed as such in accordance with Section 22 of the Constitution, the person who on \u201831<\/span>st<\/span> October 1981,\u2019 and held office as \u2018Governor of Antigua and Barbuda\u2019 shall discharge the \u2018Functions of Governor General\u2019 [Transitional Provision: Section 1: Page 79].\u00a0<\/span><\/p>\n

CONSTITUTIONAL PROVISIONS<\/span><\/p>\n

The \u2018Legislative Records\u2019 will show that functioning as \u2018Her Majesty, Queen Elizabeth II as \u2018Governor,\u2019 on the attainment of Independence, his re-designation was that of \u2018Governor General\u2019 [1981-1993]. He was succeeded by Governor General, His Excellency, Sir James Beethoven Carlisle \u2018KGM, GCMG.\u2019 <\/span><\/p>\n

It can be authoritatively said that the \u2018Constitution Order\u2019 further makes both the \u2018Interpretations and Legal Opinion\u2019 purportedly authored by \u2018Legal Experts\u2019 and that contained in a news report by \u2018Watt: Dorsett; and Hewlett \u2018Seriously Flawed\u2019 [June 7, 2023]. It needs no legal qualifications to understand this constitutional Provision: It contains no sophisticated or ambiguous language that not yet called to \u2018Legal Practice,\u2019 Member of Parliament, Maria Vanessa Bird-Browne\u2019 to explain to her \u2018Baby Princes Browne.\u2019\u00a0<\/span><\/p>\n

EXISTING LAWS<\/span><\/p>\n

The provisions states; \u2018The \u2018Existing Laws\u2019 shall, as from \u20181<\/span>st<\/span> November 1981, be construed with such: (i) \u2018Modifications: (ii) Adaptations: (iii) Qualifications: and (iv) Exceptions\u2019 as may be necessary to bring them into conformity with; (a) The Constitution: and (b) The Supreme Court Order\u2019 [Transitional Provision: Section 2: Page 79].<\/span><\/p>\n

The argument over the \u2018Commission of Inquiry Act-1880,\u2019 shall not be starved for Ventilation. In understandable scholarly language, \u2018Watt: Dorsett; and Hewlett\u2019 purportedly wrote: \u2018Due regard must be had to the genesis of the legislation which was passed in \u20181880,\u2019\u00a0 when the decisions such as this were made by the \u2018Governor\u2019 who was supported by the \u2018British Monarchy,\u2019 not so post 1981 when \u2018Antigua and Barbuda\u2019 attained its independence, and governed under the provision of the Antigua and Barbuda Constitution which provided for Government by an \u2018Executive or Cabinet\u2019 [ANR: June 7, 2023].\u00a0<\/span><\/p>\n

INTERPRETATIVELY FLAWED<\/span><\/p>\n

These \u2018Laws were revisionally looked at \u2018Government House\u2019 by then eminent and well-known regional Attorney-at-law, Grenadian-born, \u2018Governor General, His Excellency, Sir Wilfred Jacob GCMG, KCVO, OBE\u2019 [October 19, 1919 March 11, 1995]. The exercise, reportedly, was painstakingly and tediously conducted over a decade.<\/span><\/p>\n

The \u2018Commission of Inquiry Act,\u2019 appeared not to have been given legislative consideration, neither for; (a) \u2018Amendment; (b) Repeal; nor (c) Replacement.\u2019 Hence its \u2018Adaptation and Continuance.\u2019 Consequently, that which undeniably made the \u2018Legal Opinion\u2019 of \u2018Watt; Dorsett; and Hewlett,\u2019 \u2018Interpretatively Flawed.\u2019 Still \u2018Law Firm,\u2019 the three-member team of Attorneys have asserted that those with opposing \u2018Legal Opinions,\u2019 have been declared \u2018Wrong in Law\u2019 [ANR: June 7, 2023].\u00a0<\/span><\/p>\n

REVISED EDITION -1992<\/span><\/p>\n

After their dint of hard work, the \u2018Revised and Consolidated Laws\u2019 found favor with the Legislative body. Several of the \u2018Existing Laws\u2019 were either amended, while several were \u2018Adapted\u2019 in their language and form, as well as the \u2018Mischief Aimed\u2019 by Parliament. Undoubtedly, the \u2018Commission of Inquiry Act (COIA)\u2019 was among several enactments that were adapted for conformity with the Constitution Order\u2019 [CO: 1981]. <\/span><\/p>\n

Hansard shall show such amendments to those \u2018Revised\u2019 and those Adapted and Consolidated. These came into force in the \u2018Year 1992.\u2019 Those that have been the subject of criminal prosecutions, may have observed that on every \u2018Copy of Charge,\u2019 the words and Year; \u2018The Revised Edition 1992 of the Laws of Antigua and Barbuda.\u2019\u00a0<\/span><\/p>\n

LURED \u2013 LED – MISGUIDED<\/span><\/p>\n

In the media response by \u2018Watt; Dorsett; and Hewlett,\u2019 the latter\u2019s Seniors, \u2018Messrs. Simon and Henry,\u2019 far more experienced in \u2018Legal Affairs and Legal practices, need not take umbrage with the apparently \u2018Lured; Led and Misguided.\u2019<\/span><\/p>\n

Though these \u2018Legal Practitioner,\u2019 appeared to have firmly-held beliefs, it might still be useful if those that have provided \u2018Legal Opinions, solicited or unsolicited, devote some time to properly inform themselves of the \u2018Revision and Consolidation\u2019 of the Laws.\u2019 <\/span><\/p>\n

They may also wish to credit the \u2018Legal Services\u2019 rendered by then \u2018Governor\/ Governor General, Sir Wilfred (deceased) and former Attorney General Keith Forde QC,\u2019 for their \u2018Wisdom, Legal Vision and Foresight.\u2019\u00a0<\/span><\/p>\n

TRANSFIXED: CABINET ADVICE<\/span><\/p>\n

From advanced professional \u2018Management Training,\u2019 students were enlightened about the concept \u2018Pre-conceived Ideas.\u2019 When explained, students then knew that; \u2018The eye see and the ear hear what is already in the mind.\u2019<\/span><\/p>\n

As it affects human perceptions nothing that can be explained, could convince them against their will.\u2019 Sir Gerald Owen Anderson Watt KCN, King\u2019s Counsel\u2019 and his \u2018Associates,\u2019 appeared to have been; (a) \u2018Transfixed on Cabinet Advice; (b) Power and authority of the \u2018Governor General,\u2019 pertaining to the issuance of a \u2018Commission of Inquiry; and (c) Financial expenditure that will necessarily be incurred.\u2019\u00a0<\/span><\/p>\n

PUBLIC WELFARE<\/span><\/p>\n

Situationally, they shall be guided, either by; (a) The Letter of Law;\u2019 (b) The Spirit of Law.\u2019 They shall be well positioned to know when the \u2018Letter or Spirit\u2019 shall be applicable. For the benefit of knowledge, the statutory provision unambiguously states; \u2018It shall be Lawful for the Governor General to issue a \u2018Commission of Inquiry\u2019 if; (a) \u2018He deems it advisable: (b) In his opinion; and (c) It is for the \u2018Public Welfare\u2019 [COIA: Section 2: Chapter 91].<\/span><\/p>\n

Seemingly, not factored in the \u2018Unsolicited Legal Opinion\u2019 of \u2018Watt; Dorsett; and Hewlett,\u2019 are the two most important words in the legislation, \u2018Public Welfare\u2019 [1880: Section 2: Chapter 91: Revised Laws of Antigua and Barbuda: 1992]. Clearly, the \u2019Watt and Associates Team\u2019 appeared to be \u2018wrong in both \u2018Fact and Law.\u2019 While a \u2018Governor General\u2019 shall be guided by proper and formal \u2018Legal Advice,\u2019 he\/she shall never be confused by \u2018Legal Opinions.\u2019<\/span><\/p>\n

QUALIFICATIONS<\/span><\/p>\n

Though further into the Act, it speaks to \u2018Expenses\u2019 that will inevitably be incurred for the \u2018Services\u2019 of those engaged, the \u2018Qualifications\u2019 for so functioning includes: (i) \u2018The well-formed belief of the Governor General in so deeming it \u2018Advisable; and that; (ii) He\/she has so formed such an opinion.\u2019 <\/span><\/p>\n

It shall be reasonably inferred that these shall be contingent upon that which was so presented to him by the people, other than that which on which \u2018Cabinet\u2019 may \u2018Advise\u2019 the \u2018His Majesty\u2019s Representative\u2019 to do as the Constitution provides\u2019 [CO: 1981: Section 80 (1)]. <\/span><\/p>\n

That which shall be of paramount importance for any \u2018Governor General\u2019 performing his\/her functions, is that he\/she shall know that it shall never be seen to be acting to the whim and fancy of any governing administration.<\/span><\/p>\n

KING COUNSELS v PRIVY COUNCILORS<\/span><\/p>\n

There may have been a very good legal reason that \u2018Her Majesty, Queen Elizabeth II\u2019 to have made a clear distinction between: (a) \u2018Privy Councilors: and (b) King Counsels.\u2019<\/span><\/p>\n

The former speaks to their \u2018Service to, then Her Majesty, and now His Majesty\u2019 on the august body. These are the \u2018Law Lords and Law Ladies\u2019 that sit and serve on the \u2018Privy Council\u2019 and render \u2018Legal or Judicial Advice\u2019 to then, and now His Majesty, King Charles III; His Heirs and Successors.\u2019 Conversely, the latter speaks to a \u2018Titled-Award,\u2019 not for rendering \u2018Service or Advice\u2019 to \u2018His Majesty,\u2019 but \u2018Service\u2019 to the \u2018Legal Profession\u2019 within the Commonwealth nations.\u2019\u00a0<\/span><\/p>\n

MOST PECULIAR<\/span><\/p>\n

If it were not, though he boasted that \u2018Kings Counsels-Justin L. Simon and E. Ann Henry\u2019 have never appeared before \u2018Constitutional Courts,\u2019 he may have been a \u2018Sitting Judge\u2019 on those Courts. Clearly, among the two leading and most up-to-date and reliable \u2018Local News Portals.\u2019 The \u2018Antigua News Room\u2019 has published a particular \u2018Legal Opinion\u2019 on the instant issue under public discussions. <\/span><\/p>\n

That which appears \u2018Most Peculiar\u2019 was that the news report, except to state: \u2018The Legal experts reached a conclusive decision that the Governor General lacks the power to initiate a Public Inquiry\u2019 [ANR: May 25, 2023]. <\/span><\/p>\n

Clearly void of \u2018Content and Source,\u2019 this news report, appeared either intended to cause \u2018Trepidation\u2019 in an otherwise upright, courageous, fearless and decisive former Government Minister, and currently \u2018His Majesty\u2019s Representative\u2019 as \u2018Governor General\u2019 for the nation of Antigua and Barbuda.\u2019\u00a0<\/span><\/p>\n

CONCLUSION<\/span><\/p>\n

As it relates to the \u2018Functions of Governor General,\u2019 when \u2018Legal Luminaries and Legal Quacks,\u2019 speak to the particularly referenced \u2018Section 80 (1) of the Constitution Order,\u2019 and only sought to highlight only that which states: (i) \u2018In the exercise of his functions, the Governor General shall act in accordance with: (a) \u2018The advice of the Cabinet; or (b) A Minister acting under the \u2018General Authority\u2019 of the Cabinet\u2019 [ANU: CO:1981: Section 80 (1)], when \u2018Legal Experts\u2019 made no reference to the clearly expressed \u2018EXCEPTIONS, they will have been speaking partly to deception. <\/span><\/p>\n

That which the distinguished, approachable and affable, and seemingly, among the most respected \u2018Governors General, His Excellency, Sir Rodney Errey Williams KGN, GCMG. MBBS,\u2019 the people have ever welcomed, may wish to remind himself, is that he runs the risk of being seen as; (i) \u2018Doing an egregious disservice to himself; and (ii) A grievous injustice to the common good, and that of the \u2018Island-paradise nation- \u2018Antigua and Barbuda.\u2019<\/span><\/p>\n

That which he needs no reminder is that while consequences loom, \u2018\u2026The King can do no wrong; \u2026Long Live the people; \u2026Long Live the \u2018Governor General; \u2026Long Live \u2018His Majesty, The King\u2019 and \u2026Long Live the nation.\u2019 When people die, \u2018The Good is oft interred with their bones\u2019 [Mark Anthony].\u2019\u00a0<\/span><\/p>\n

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By Rawlston Pompey From a Law enforcement practice, some professionals were never known to have used firearms to commit the criminal act of robbery. From professional knowledge and experience, those starved of scruples, were often accused of using their \u2018Superior Intellectual Skills,\u2019 in fleecing or depriving innocent clients\/victims, in acquiring just that their greedy little […]<\/p>\n","protected":false},"author":12,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-175723","post","type-post","status-publish","format-standard","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Flawed Interpretation - Reek of Patronizing Deception - 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-flawed-interpretation-reek-of-patronizing-deception\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Flawed Interpretation - Reek of Patronizing Deception\" \/>\n<meta property=\"og:description\" content=\"By Rawlston Pompey From a Law enforcement practice, some professionals were never known to have used firearms to commit the criminal act of robbery. 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