{"id":177267,"date":"2023-06-21T07:34:20","date_gmt":"2023-06-21T11:34:20","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=177267"},"modified":"2023-06-21T09:06:14","modified_gmt":"2023-06-21T13:06:14","slug":"commentary-darwins-telemaque-creature-of-statute-or-pirate-of-state","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-darwins-telemaque-creature-of-statute-or-pirate-of-state\/","title":{"rendered":"COMMENTARY: Darwin Telemaque – Creature of Statute or Pirate of State"},"content":{"rendered":"
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By Rawlston Pompey<\/p>

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Whether or not self-advised or otherwise advised, \u2018Amendment\u2019 to the \u2018Port Authority Act,\u2019 appeared to have impinged on the function of \u2018Antigua and Barbuda Department of Maritime Services (DOMS).\u2019 <\/span><\/p>\n

Conceptualized and subsequently given legislative consideration, \u2018Parliament\u2019 has made it lawful for the \u2018Port Manager\u2019 to \u2018Sell ships and Seagoing vessels at \u2018Public Auction,\u2019 if he; and he; and he\u2019 alone, deems and declares them \u2018Abandoned.\u2019 Instructively, two elements that constitute \u2018Abandonment\u2019 are: (i) \u2018If they are believed to be; (a) \u2018The proceeds of crime: or (b) The instrumentality of crime; or (c) If they are uninsured\u2019 [Sections 5 (a): 10 (d): Port Authority (Amendment) Act: No.1 of 2023: Principal Act: Section 38 A: Chapter 333].<\/span><\/p>

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MISCHIEF AIM<\/span><\/p>

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Clearly, it may have been for reasons of eliminating certain behavior, that \u2018Parliament,\u2019 prudently and appropriately inserted legal procedures necessary to guide the \u2018Licensed Auctioneers,\u2019 while, in the cours<\/span>e of conducting such exercise, ensure that no deceitful or fraudulent acts are committed.<\/span><\/p>\n

The \u2018Legal Drafters,\u2019 conscious of human behavior not only made certain insertions relating to that allowed for \u2018Transparency,\u2019 but also for unhindered and unrestricted public participation.<\/span><\/p>

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These would have been among the primary \u2018Mischief Aimed by Parliament.\u2019 Other paragraphs are contained to guide further understanding of the \u2018Auctioneers Act\u2019 [Chapter 37] and the \u2018Amendment\u2019 to the \u2018Port Authority Act\u2019 [Section 37 A].\u00a0<\/span><\/p>\n

STORYBOOK CHILDREN<\/span><\/p>

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It shall be cautioned that, likened to the others, this is not a commentary for \u2018Storybook Children\u2019 [1967: YouTube]. Short stories as \u2018Brer Anansi and Brer Rabbit,\u2019 may easily be obtained at the \u2018Best of Books Store\u2019 on St. Mary\u2019s Street, downtown. <\/span><\/p>

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This commentary winds down a commitment in providing an understanding to the citizenry on issues within the knowledge of the author. <\/span><\/p>\n

This, before a break, is dedicated to all readers, and specifically, the distinguished; \u2018GG: PM; Attorneys Charlesworth Tabor: Kenny Kentish: Chief Magistrate Joanne Walsh; Justice Keith Thom; Dr. Dave Ray and John Fernandez.\u2019<\/span><\/p>\n

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

Given the recent \u2018non-auctioneering\u2019 exercise, and the \u2018Online Sale\u2019 of the compulsorily-acquired \u2018Russian Superyacht Alfa Nero\u2019 by the \u2018Antigua and Barbuda Port Authority-Port Manager Darwin Telemaque,\u2019 under the legislative guise of \u2018ABANDONMENT.\u2019 <\/span><\/p>\n

This commentary focuses on; (i) \u2018The multifaceted role of \u2018Port Manager, Darwin Telemaque.\u2019 Clearly, the \u2018Seller\u2019 appeared not to have been properly informed or advised on the legal concept of, and implications for \u2018Auctioneers.\u2019 The concept as interpreted in the \u2018Existing Law\u2019 is contained in the \u2018Auctioneers Act\u2019 [Chapter 37]. <\/span><\/p>\n

This, is not written in the \u2018Act,\u2019 but suffice to say: \u2018Any person, \u2018Managers\u2019 too, that is \u2018STUPID AND DILIGENT\u2019 [German General Kurt Von Hammerstein],\u2019 is as dangerous as the next \u2018Atlantic Hurricane.\u2019 For the benefit of knowledge, one may read the \u2018General\u2019s\u2019 philosophy.\u00a0<\/span><\/p>\n

RUSSIAN ROULETTE<\/span><\/p>\n

This nation could very well be playing more than \u2018Russian Roulette,\u2019 both with its reputation and \u2018Sovereignty.\u2019 Giving legal effect to the \u2018Non-Public Auction Sale,\u2019 speaks more to \u2018Legitimacy of Piracy\u2019 and clearly grounded in Illegitimacy.\u2019<\/span><\/p>\n

As suggested in the media, it was a \u2018Sealed-Offer Exercise,\u2019 in which the evaluation of some \u2018US$81 million,\u2019 was reportedly put out to potential buyers.<\/span><\/p>\n

In disregarding the \u2018Constitutional Guarantees,\u2019 and dispossessing and denying owners of \u2018Ships and Seagoing Vessels\u2019 the enjoyment of legitimately owned property, is to invite visitations by the \u2018Judiciary\u2019 for that which appears demonstrably clear as a \u2018Renegade State Behavior.\u2019\u00a0\u00a0<\/span><\/p>\n

TOWING AMERICAN LINE<\/span><\/p>\n

In appreciating an understanding, is to have some familiarity with the \u2018Port Authority Amendment Act.\u2019 Clearly, more out of coercion, than of rationality, Legislators, seemingly \u2018Towing the American Line,\u2019 provide in the \u2018Amendment\u2019 that which for obvious reason of expediency, a rationale. <\/span><\/p>\n

For the benefit of knowledge, it states: (i) \u2018An Act to make provisions for the \u2018Security of Harbours\u2019 and Ports throughout Antigua and Barbuda; and (ii) For other incidental connected matters therein\u2019 [Port Authority (Amendment) Act: No. 1 of 2023]. As its affects \u2018Border Security,\u2019 this undoubtedly, appears to be consistent with the concept \u2018Rationality.\u2019<\/span><\/p>\n

But for the Sale of the Russian-owned \u2018Superyacht Alfa Nero,\u2019 it suggested \u2018State Piracy.\u2019 A property: (i) \u2018So luxurious: (ii) So princely: (iii) So costly: and (iv) So valuable,\u2019 could never be declared by a \u2018Port Manager\u2019 as \u2018ABANDONED,\u2019 outside of the \u2018Judiciary.\u2019\u00a0<\/span><\/p>\n

INTENTS AND PURPOSES<\/span><\/p>\n

Then to all \u2018Intents and Purposes,\u2019 the focus of the \u2018Amendment\u2019 shifts to; (a) \u2018Seizure: (b) Detained; and (c) Abandonment\u2019 of ships or other vessels. <\/span><\/p>\n

The language of the law appears crystal clear. It states; \u2018Where for any reasons a ship or other seagoing vessel has been \u2018Seized; Detained; or \u2018ABANDONED\u2019 in any Antigua and Barbuda Harbour; or near any Antigua and Barbuda Harbour; Tidal water, the \u2018Port Manager\u2019 may; (i) \u2018\u2026Take possession of such ship or other seagoing vessel; and (ii) \u2026Sell the same at \u2018Public Auction; or (iii) \u2026Private Treaty.\u2019\u00a0<\/span><\/p>\n

PROVISO – ABANDONMENT<\/span><\/p>\n

The \u2018Proviso\u2019 contained therein makes it sufficiently clear that \u2018SALE\u2019 shall not be to; (iv) \u2018\u2026A \u2018SANCTIONED\u2019 individual; or (v) Entity or person suspected of being involved in criminal activity.\u2019 The \u2018Amendment\u2019 interprets only \u2018Abandonment.\u2019 <\/span><\/p>\n

The elements contained thereunder; (a) \u2018Not being maintained by owner or agent of owner; (b) Ownership remains unclaimed for a period in excess of 90 days; (c) Outstanding moorage and docking fees; (d) Ship\/vessel is uninsured; (e) Poses a threat to the environment; (f) Likely to become unseaworthy (g) Threat to health, safety and security of person using the Harbour; and [PAA: Chapter 333: Inserted Section 38 A: No. 1 of 2023].<\/span><\/p>\n

COVETOUS DEPRIVATION<\/span><\/p>\n

From the perspective of the \u2018Port Authority,\u2019 it speaks to a course of action that suggested a motive of \u2018Ulterior Connotations; (a) \u2018Arbitrary seizure; (b) Dispossession of property; (c) Unlawful selling; and (d) Covetous Deprivation\u2019 of the legitimate owners of \u2018Russian Superyacht, \u2018ALFA NERO\u2019 to the \u2018Highest Online Offeror\/Buyer.\u2019 <\/span><\/p>\n

The contents represent unchallengeable \u2018Facts and Law.\u2019 Though from a \u2018Layman\u2019s Perspective,\u2019 this commentary is based on knowledge of the \u2018Amendment,\u2019 the \u2018Non-Public Auction,\u2019 speaks to \u2018Online Sealed Bids.\u2019 <\/span><\/p>\n

The \u2018Author\u2019 boasts no \u2018Law Degree,\u2019 as well as none in \u2018Theology.\u2019 He represents no particular person, group or third-party interests.\u00a0<\/span><\/p>\n

CONSPICUOUS ADHERENCE<\/span><\/p>\n

This nation, likened to many within the \u2018Organization of Eastern Caribbean States (OECS)\u2019 in undeniably, impoverished. <\/span><\/p>\n

Economy-wise, it is cash-strapped and heavily reliant on the \u2018Tourist Dollars\u2019 of other nations. Knowingly; yet reluctantly, even without no \u2018military clout, it was sucked into the \u2018Russian\/Ukrainian\u2019 armed conflict. <\/span><\/p>\n

This became evident when it showed \u2018Conspicuous Adherence\u2019 to \u2018Foreign Dictates.\u2019 Mindful of its; (a) \u2018Economic position; (b) Non-military power; and (c) Inconsequential international influence, these \u2018Dictates\u2019 have bullied the nation into acting against its \u2018Foreign Affairs\u2019 and best interests.\u2019<\/span><\/p>\n

SOLD SOVEREIGNTY<\/span><\/p>\n

In effect, the nation has \u2018Sold its Sovereignty\u2019 for reasons of; (a) \u2018Maintaining diplomatic: and (b) Economic ties\u2019 with nations with the capacity of causing adversities to descend upon the citizenry.<\/span><\/p>\n

It has found itself between the \u2018Devil and the deep blue sea.\u2019 The citizens have become the \u2018Cameroonians of the Caribbean,\u2019 and subject to the exploits of; (i) \u2018The United Kingdom; (ii) European Union; and (ii) Americans.\u2019<\/span><\/p>\n

From a professional perspective, the unfolding events, without a shadow of doubt, were nothing that can be called \u2018Happenstance.\u2019<\/span><\/p>\n

REPROBATES AND RENEGADES<\/span><\/p>\n

It has been the human experience that some leaders have been, and shall be used as \u2018Reprobates and Renegades.\u2019 Those so described are expected to do the unthinkable. <\/span><\/p>\n

They shall; \u2018Disregard principles; Flout laws; Ignore rules; and Breach regulations. They shall also break treaties; and Circumvent conventions.\u2019 <\/span><\/p>\n

These shall be so, particularly, if the \u2018Ends justify the means.\u2019 Port Manager, Darwin Telemaque\u2019 is not in any of these categories. As \u2018Seller of Russian Superyacht Alfa Nero,\u2019 he has flouted will face no difficulties; suffer no consequences, nor experience no indignities.<\/span><\/p>\n

RIGHT TO PROPERTY<\/span><\/p>\n

In the instant case, these were the results of the \u2018Amendment\u2019 made to the \u2018Port Authority Act\u2019 that allowed for the \u2018Port Manager\u2019 to so \u2018Sell at Public Auction,\u2019 property so sanctioned by the sitting administration, in support of the \u2018European Union: United Kingdom: and United States.\u2019 <\/span><\/p>\n

It begs the questions; (i) \u2018Why was the \u2018Alfa Nero,\u2019 the only Marine Craft\u2019 specifically singled out as being abandoned, yet \u2018Seized and Sold\u2019 for the nation\u2019s benefit when the owners have violated \u2018Existing Laws? (ii) Was the nation exploitatively used as a \u2018Sprat to catch a whale?\u2019<\/span><\/p>\n

This shall be looked at from the \u2018People\u2019s Desire.\u2019 It states; \u2018Whereas the people of Antigua and Barbuda desire\u2019 to establish a framework of \u2018Supreme Law,\u2019 within which to; (a) \u2018Guarantee their inalienable human rights and freedoms, among them the \u2018Right to Property\u2019 [FCP: \u2018E\u2019: CO: 1981].<\/span><\/p>\n

HUMAN MISERIES<\/span><\/p>\n

Instructively, \u2018Port Manager Darwin Telemaque\u2019 sought to make out or manufacture; (i) \u2018A Case for Abandonment; (b) With intent to Seize; and (c) To Sell\u2019 the \u2018267-foot Luxurious Russian Superyacht, Alfa Nero.\u2019 <\/span><\/p>\n

Had he testified under \u2018Oath or Affirmation,\u2019 before a Court of Law,\u2019 rightly or wrongly, he may very well have been cited by the Judge for the serious indictable criminal offence of \u2018Perjury.\u2019 <\/span><\/p>\n

Researching for this commentary, the contrary to the Case-making attempt he sought with \u2018Perjurious Lips\u2019 to establish. <\/span><\/p>\n

In all its \u2018Troubles and Struggles, the appropriate authorities: (i) Customs and Excise; (ii) Immigration Authority; and (ii) Foreign Affairs Ministry,\u2019 except to cause \u2018Human Miseries,\u2019 all appeared seriously non-functional.<\/span><\/p>\n

IMMIGRATION STATUS<\/span><\/p>\n

That which the \u2018Port Manager\u2019 appeared not to have factored in his considerations, if any, was that; (i) \u2018The twin-island-nation of Antigua and Barbuda \u2018NEVER\u2019 owned the \u2018Superyacht;\u2019 (ii) The luxurious marine craft and crew were duly accorded lawful entry into the nation\u2019s territorial waters; (iii) They have completed \u2018Immigration and Customs\u2019 formalities: (iv) Skipper presented the \u2018Ship\u2019s Papers\u2019 for examination; (v) Allowed to stay; (vi) Skipper and Crew never ordered to leave by \u2018Immigration and Customs\u2019 authorities: (vii) Detained at the behest of certain foreign countries, opposed to \u2018Russia\u2019s Military Adventurism in the Ukrainian nation\u2019 [BBC: February 22, 2023]; and (viii).\u00a0<\/span><\/p>\n

SANDWICHED BETWEEN TRUTH<\/span><\/p>\n

The information researched states; \u2018In March this year (2022), the Government of Antigua and Barbuda advised all local companies not to transact any business with; (i) \u2018Any person; (ii) Companies: or (iii) Other entities on the \u2018Sanctions Lists\u2019 [Barbados Today: August 2022]. <\/span><\/p>\n

Then clearly disproving the \u2018Port Manager\u2019s apparent \u2018Spurious or malicious Claim,\u2019 the news portal continues; \u2018Consequently, the \u2018Alfa Nero\u2019 was \u2018NOT\u2019 provided with any fuel (to leave), except emergency supplies to keep it secure for; (a) \u2018The vessel; and (b) Falmouth Harbour\u2019 [Barbados Today: E.P. Chet Green: Foreign Minister: March 2022 \u2013 August 17, 2022].\u00a0<\/span><\/p>\n

FIDDLING WITH TRUTH<\/span><\/p>\n

Now, \u2018Port Manager, Darwin Telemaque\u2019 appeared to have been \u2018Sandwiched\u2019 between the \u2018Truth\u2019 of Foreign Minister E.P, \u2018Chet\u2019 Green and Prime Minister Gaston Browne.\u2019 <\/span><\/p>\n

As he sought to \u2018Fiddle with the Truth,\u2019 by expressing environmental and navigational concerns, more consistent with \u2018Truth, and seemingly cares not who falls \u2018Under Bus,\u2019 a news portal quoted \u2018Prime Minister Gaston Browne\u2019 saying; \u2018Over a year ago, the Government had been approached by \u2018British and United States officials\u2019 to seize the \u2018Superyacht, Alfa Nero; \u2026We decided not to seize it; \u2026We detain it for probably a week or two; We facilitate a search by the \u2018Federal Bureau of Investigations (FBI).\u2019 Still, \u2018\u2026We did not wish to be caught up in the geopolitical issues between the Europeans; North Americans; and Russians.\u2019 These appeared rationally thought out.\u00a0<\/span><\/p>\n

UNDER THE BUS<\/span><\/p>\n

Somewhere in the \u2018Holy Scripture,\u2019 it edifies that certain \u2018Tongue\u2019 does not comport, neither with the \u2018Lord,\u2019 nor His Spirit.\u2019 He also warns not to follow \u2018Multitudes to do Evil.\u2019<\/span><\/p>\n

Him that is not so edified, could neither see nor hear Evil.\u2019 Invariably, \u2018Buses\u2019 run them over. <\/span><\/p>\n

Prime Minister Gaston Browne, has made it demonstrably clear that no \u2018Bus,\u2019 whatsoever, knocking him down, let alone run over. He knows that there is only; \u2018One animal; two things; and two people\u2019 that should go \u2018Under the Bus; (i) \u2018A crapaud; (ii) The wheels: (iii) A hydraulic jack: (iv) A motor mechanic; and (v) An idiot.\u2019 <\/span><\/p>\n

If he must cruise on a \u2018Bus,\u2019 he would rather do so on \u2018Samantha\u2019s Bus,\u2019 but certainly not on \u2018Alister\u2019s Bus.\u2019 He is mortally afraid of \u2018Dangerous Driving.\u2019\u00a0\u00a0\u00a0<\/span><\/p>\n

REPUTATIONAL DAMAGE<\/span><\/p>\n

Continuing, he further said; \u2018When it came to seizing private assets, we thought we should exercise patience than acting too soon\u2019 [Observer: March 20, 2023].<\/span><\/p>\n

It appeared then that \u2018Reason and Conscience\u2019 prevailed, thus allowing for an informed decision. <\/span><\/p>\n

Reasonable inferences may have been drawn that for reason of expediency, he may also have anticipated\u2019 some adversities and reasons to act. <\/span><\/p>\n

Speaking to \u2018Reputational Damage,\u2019 media reports quoted him saying; \u2018If we fail to act, the issue of a sewage problem is a significant threat to the water source for the reverse osmosis plant\u2019 in the Falmouth Harbour\u2019 [Observer: March 20, 2023].<\/span><\/p>\n

PUBLIC AUCTION\/AUCTIONEER<\/span><\/p>\n

This development within the nation, has seen the \u2018Online Selling\u2019 of the \u2018Russian Superyacht, Alfa Nero,\u2019 continues to stimulate public interest, as many people appeared transfixed there may very well be no need to invite the general public to engage in active competitive bidding on property to be sold by the \u2018Manager of the Antigua and Barbuda Port Authority.\u2019 <\/span><\/p>\n

That which everyone knows is that this \u2018Statutory Body\u2019 is not the Government. Conversely, \u2018the Government\u2019 is not the \u2018Port Authority.\u2019 <\/span><\/p>\n

Speaking to \u2018Public Auction,\u2019 the \u2018Amendment\u2019 unambiguously states; \u2018Where any person becomes the purchaser of the same by competition and by being the \u2018Highest Bidder.\u2019\u00a0<\/span><\/p>\n

HIGHEST ONLINE OFFER<\/span><\/p>\n

Unlike former Turks and Caicos\u2019 Prime Minister \u2018Michael Misick\u2019 who allegedly sold \u2018Crown Land\u2019 to buyers he knew, and siphoned-off some of the proceeds, \u2018Port Manager Darwin Telemaque\u2019 will not be positioned to become a \u2018Victim of Temptation\u2019 in fingering any portion of the \u2018Offered Sum\u2019 of \u2018US$67, 000, 677\u2019 [Boat International: June 16, 2023].<\/span><\/p>\n

This sum represents the \u2018Highest Online Offer\u2019 of the \u2018Luxurious Russian-owned Superyacht Alfa Nero.\u2019 The same then valued at \u2018US$81 million dollars.<\/span><\/p>\n

POTENTIAL BUYERS<\/span><\/p>\n

Research revealed that there were varying offers between \u2018US$25\u2019 to US66 to US$67.6 Million.\u2019 These were reportedly offered by \u2018Potential Buyers\u2019 across the globe. No offers came from the Caribbean region. The exercise appeared to have offended the conscience, not only of the vast majority of the citizens, but also the last of the \u2018Five Founding Constitutional Principles.\u2019 <\/span><\/p>\n

This, principle given sectionalized recognition for \u2018Constitutional Protection\u2019 states; \u2018No property of any description shall be compulsorily taken possession of, or compulsorily acquired, except for \u2018Public Use,\u2019 and except with the provisions of a law applicable to that taking off; (a) Possession; or Acquisition; and (c) For the payment of Fair compensation\u2019 [CO: 1981: Section 9].<\/span><\/p>\n

PRE-SALE FORMALITIES<\/span><\/p>\n

Therefore, before the \u2018Sale at Public Auction,\u2019 the requisite \u2018Pre-Sale Formalities\u2019 shall be completed by the assigned public officer and contracted \u2018Licensed Auctioneer [Section 7: Auctioneers Act: Chapter 37]. <\/span><\/p>\n

Such is not limited to mere removal of \u2018Sealed Envelopes\u2019 from a metal safe for examination and announcements. <\/span><\/p>\n

Besides, for certain highly evaluated property, this shall be dutifully examined before sale at \u2018Public Action.\u2019 <\/span><\/p>\n

Hence, his\/her required presence of the constitutionally-appointed \u2018Director of Audit\u2019 [CO: 1981: Section 97]. <\/span><\/p>\n

He\/she shall ensure that no skullduggery or fraudulent transacts occur and that the Government receives adequate and satisfying proceeds after the transactions.\u00a0<\/span><\/p>\n

INTELLECTUAL MOCKERY<\/span><\/p>\n

Irrespective of the couched language used, those that have; (i) \u2018Drafted the \u2018Amendment;\u2019 (ii) Tabled the Bill: (iii) Debated the Bill: (iv) Passed the Bill; and (v) Gave Royal Assent to become Law,\u2019 appeared, either; (a) Innocently; or (b) Ignorantly,\u2019 made \u2018Intellectual Mockery\u2019 of this constitutional provision.\u2019 <\/span><\/p>\n

 <\/p>\n

Section 2 of the Constitution,\u2019 guides the knowledge that it is the \u2018Supreme Law of Antigua and Barbuda.\u2019<\/span><\/p>\n

The most fundamental constitutional \u2018Proviso\u2019 reads: \u2018If any other laws is inconsistent with the Constitution, this Constitution shall prevail.\u2019 <\/span><\/p>\n

For brevity and clarity, it states, \u2018The other law, to the extent of the inconsistency, shall be void\u2019 [CO: 1981]. <\/span><\/p>\n

It is quite obvious that the \u2018Amendment\u2019 that provides for the \u2018Port Manager\u2019 to \u2018Seize and Sell\u2019 private property without remitting \u2018Fair Compensation,\u2019 seriously breached the \u2018Constitution.\u2019<\/span><\/p>\n

SOVEREIGNTY<\/span><\/p>\n

For want of testicular fortitude, the collective leadership of \u2018Antigua and Barbuda,\u2019 appeared to have harbored a peculiar sense of belief, that; (i) \u2018The British; (ii) European; and United States\u2019 interests, shall not only be protected by its \u2018Sovereignty,\u2019 but also supersedes that of the nation and people. <\/span><\/p>\n

A sale conducted at \u2018Public Auction\u2019 is incomparable to a \u2018Sale Conducted Online.\u2019 In such \u2018Auction,\u2019 buyers compete for an asset by bidding other competitors out of \u2018Financial Reach.\u2019 In such case, the competitors know what the bids are. <\/span><\/p>\n

In \u2018Closed Bid Auction,\u2019 competitors were never positioned to not know of each other\u2019s offer. <\/span><\/p>\n

Seemingly, buoyed by anxieties, the \u2018Port Manager Darwin Telemaque\u2019 appeared not to have been familiar with statutory-stipulated procedures, governing \u2018Public Auction.\u2019\u00a0<\/span><\/p>\n

MARITIME\/PORT MANAGEMENT<\/span><\/p>\n

Hastily and expediently, the \u2018Amendment\u2019 to the \u2018Port Authority Act,\u2019 clearly \u2018chipped off\u2019 authority statutorily resides with the \u2018Director\u2019 of the \u2018Antigua and Barbuda Department of Maritime Services (ADOMS).\u2019 <\/span><\/p>\n

Moreover, the \u2018Amendment\u2019 may cause an overly ambitious \u2018Port Manager\u2019 to harbor other beliefs. He may believe that: (i) \u2018He is the new enforcer of \u2018Admiralty Law:\u2019 and (ii) He is more relevant to \u2018Maritime Services\u2019 provided by \u2018ADOMS,\u2019 than the scientific knowledge in \u2018Maritime\u2019 activities and work of \u2018Attorney-at-Law, Ambassador, His Excellency, Dwight C. R. Gardiner\u2019 [ADOMS: 2004-].\u00a0<\/span><\/p>\n

BLACK REPLICA OF NELSON<\/span><\/p>\n

The experience of \u2018Port Manager, Darwin Telemaque,\u2019 with the \u2018Selling of the \u2018Russian-owned Superyacht, Alfa Nero,\u2019 could see twilight descends upon his managerial tenure, earlier than the sun rises. <\/span><\/p>\n

For, the \u2018Non-Public Auction Sale\u2019 may attract litigious visitations by the \u2018Judiciary. When he, empowered by the \u2018Amendment\u2019 to the \u2018Port Authority Act,\u2019 and sold \u2018Putin Yacht,\u2019 he may have assumed a pompous and egoistic posture, as to have felt that he has become the \u2018Black Replica of Admiral Nelson.\u2019 <\/span><\/p>\n

Should this development not have seen as a bother to the \u2018ADOMS Director,\u2019 then \u2018Kindergarteners\u2019 shall all sing; \u2018Ring-a- ring-a roses, Dwight pockets full -a-posies.\u2019\u00a0<\/span><\/p>\n

GOVERNOR GENERAL: PERMISSION<\/span><\/p>\n

The Law makes it sufficiently clear for \u2018Grade 3 Students\u2019 at the \u2018T.N. Kirnon Government Primary School\u2019 to understand.\u2019 <\/span><\/p>\n

It states: \u2018Notwithstanding anything contained in this \u2018Act,\u2019 the Governor General may grant permission to any public officer to sell at \u2018Auction,\u2019 any property on account of the Government\u2019 [Section 7: Auctioneers Act: Chapter 37: Revised Edition-1992: Laws of Antigua and Barbuda]. The enactment, allows for officially sanctioned \u2018Government Property,\u2019 to be sold at \u2018Public Action.\u2019<\/span><\/p>\n

LAW UNTO HIMSELF: SECTION 38 A\u2019<\/span><\/p>\n

The \u2018Amendment\u2019 to the \u2018Port Authority Act\u2019 appears to have made the \u2018Port Manager,\u2019 a \u2018Law unto Himself.\u2019 This not only clearly speaks to \u2018Inconsistencies,\u2019 but grievously conflicts with the \u2018Supreme Law- the Constitution Order-1981.\u2019<\/span><\/p>\n

These might be seen with the \u2018Expedient Insertion of Section 38 A,\u2019 that has irrefutably positioned the \u2018Port Manager\u2019 to make \u2018Non-Scientific Determinations\u2019 on; (i) \u2018Environmental and navigational issues; as well as (ii) Unilaterally undertaking administrative decisions, pertinent to \u2018Public Auction,\u2019 inferentially based on opinionated and\/or figment of imagination and beliefs.\u00a0<\/span><\/p>\n

SALE OF DEPRIVATION<\/span><\/p>\n

There needs no \u2018Rocket Scientist\u2019 to explain \u2018Auctioneering Science.\u2019 The \u2018Port Authority (Amendment),\u2019 appeared to have been specifically passed for the purpose of facilitating a \u2018Public Auction Sale\u2019 of a yacht that speaks to \u2018Incredible Worth and Luxury.\u2019 <\/span><\/p>\n

The marine property, listed under \u2018Foreign Sanctions,\u2019 was identified as the \u2018Russian owned-Alfa Nero.\u2019 <\/span><\/p>\n

The legislative intent, deceptively gave legitimacy for;(i) Compulsory Acquisition; and (ii) Sale of Deprivation\u2019 at \u2018Public Auction\u2019 with the insertion of a new \u2018Section-38 A\u2019 [Port Authority Act: Chapter 333].\u00a0<\/span><\/p>\n

HELL FIRE<\/span><\/p>\n

Not infrequently, those \u2018Spiritually Ordained\u2019 to preach or deliver the \u2018Holy Word,\u2019 often appeared to have found themselves called upon to do that which was \u2018Unholy or the In-judicial and Unjudicial.\u2019 <\/span><\/p>\n

In the case of; (i) \u2018Salvation Army Leader, Major Byron Maxam\u2019 and \u2018Magistrate Dexter Wason,\u2019 such \u2018Man of Cloth,\u2019 and such \u2018Member of the Magistracy,\u2019 could very well find themselves helplessly and hopelessly destined to a place where, on the \u2018Day of Judgment, the \u2018Souls of Greed and Evil,\u2019 shall be placed under constant torment of \u2018Hell Fire.\u2019\u00a0<\/span><\/p>\n

ANNOUNCEMENT CEREMONY<\/span><\/p>\n

The Magistrate, Clergy and business representative, were invited primarily to; (i) \u2026Give appearance of Transparency; and (b) Witness the retrieval from a \u2018Safe at the Treasury of three Sealed envelopes of \u2018Electronically-Dispatched offers.\u2019 <\/span><\/p>\n

Their presence was of no consequence. Incidentally, opening and examining the contents, was the \u2018Director of Audit Dean Evanson.\u2019 <\/span><\/p>\n

He then announced the \u2018Offers\u2019 of; (i) \u2018US$25M: (ii) US$ 66M; and (iii) US$ 67, 000, 677 million.\u2019 The moderating commentary on the \u2018Announcement Ceremony\u2019 by State Media host, Garfield Burford\u2019 can only be described as; \u2018Par Excellence\u2019 [ABS Tv\/Radio: June 16, 2023].\u00a0<\/span><\/p>\n

LUCKY AND UNLUCKY<\/span><\/p>\n

When Parliament speaks to \u2018Public Auction\u2019 of Government Property,\u2019 it never meant electronically-communicated offers.\u2019 <\/span><\/p>\n

If it were so, then likened to the other \u2018Licensed Auctioneers,\u2019 contracted \u2018Customs and Excise Department Auctioneer,\u2019 former Senator Michael Freeland,\u2019 may now embark upon a new concept.<\/span><\/p>\n

Though he appeared \u2018Lucky and Unlucky,\u2019 he could now remain in the privacy of his office \u2018Auctioned.\u2019<\/span><\/p>\n

Incidentally having reportedly conducted a reasonably successful \u2018Public Action,\u2019 bad luck visited upon him. Firstly, his \u2018Senatorial membership; Secondly, the netted proceeds of some \u2018EC$119, 866.50.\u2019 <\/span><\/p>\n

This sum reportedly kept in a parked motor vehicle\u2019 [ANR: December 31, 2017].<\/span><\/p>\n

ANNOUNCEMENT CEREMONY<\/span><\/p>\n

Unfortunately, likened to the \u2018Antigua Airways\u2019 that disappeared from radar, and the Cameroonians\u2019 that reportedly disappeared in \u2018St. Kitts Water,\u2019 that sum mysteriously disappeared. <\/span><\/p>\n

The \u2018Online Transaction\u2019 appeared not to have escaped the scrutiny of the citizenry and the criticisms by some legal luminaries and practitioners. <\/span><\/p>\n

While reputable \u2018Observers\u2019 in the persona of; (i) \u2018Magistrate Dexter Wason;\u2019 and (ii) Government Director of Audit, Dean Evanson\u2019 attended the \u2018Announcement Ceremony,\u2019 none may provide attestation of; (a) \u2018An actuality holding of a \u2018Public Auction:(b) There was a public gathering; (c) There was active participation; and (d) There was competitive biddings.\u2019<\/span><\/p>\n

In fact, the only requisite presence was that of the Government-appointed \u2018Director of Audit.\u2019\u00a0<\/span><\/p>\n

COMMANDMENT \u201810\u2019 \u2013 FIRE<\/span><\/p>\n

Seemingly for a few dollars more, and ignoring \u2018Godly Precepts.\u2019 both men may have forgotten \u2018Commandment 10.\u2019 Those condemned to burning shall see no ceasing.<\/span><\/p>\n

The body shall not burn to ash. Thus, there will be nothing for any \u2018Religious Leader\u2019 to say \u2018Ash to ash and Dust to dust.\u2019 Neither would there be ash to sprinkle on the surface of the sea.<\/span><\/p>\n

That which they shall endure, will be a \u2018Fire,\u2019 never before experienced. <\/span><\/p>\n

There will be no \u2018Holy Water.\u2019 Likened to social commentator, \u2018Calypso Rose,\u2019 they shall sing the same refrain; \u2018Fire; Fire; Fire in me wire; \u2026Darwin, bring me sea water\u2019 [YouTube].\u00a0\u00a0\u00a0<\/span><\/p>\n

DEPRIVATION OF PROPERTY<\/span><\/p>\n

Notwithstanding the \u2018Probono Patriotic Principle\u2019 often associated with \u2018Service to the nation,\u2019 as \u2018Time is Money,\u2019 they shall all be gratuitously and satisfactorily remunerated.<\/span><\/p>\n

Irrespective of \u2018Lawful Authority,\u2019 the \u2018Antiguan and Barbudan; British; and American Observers\u2019 shall have known that, secularly, the sale speaks to \u2018Deprivation of Private Property.\u2019 <\/span><\/p>\n

The citizenry, still holding aught against the \u2018Observers,\u2019 believed that their presence suggested participatory counselling of the State\u2019 in the commission of the cardinal \u2018Sin of Covetousness\u2019 [Exodus: 20].<\/span><\/p>\n

ONLINE BIDDING v PUBLIC AUCTION<\/span><\/p>\n

The concepts, \u2018Online Bidding or Offers\u2019 and Public Auction,\u2019 are certainly not the same. Thus, none shall be misguided or confused. <\/span><\/p>\n

It is for these purposes that this commentary intends only to inform, enlighten and educate perfectly sane minds on the operability and applicability, of the \u2018Auctioneers Act\u2019 [1924: Chapter 37: 1992 Revised Laws of Antigua and Barbuda]. <\/span><\/p>\n

Not infrequently, the intellectuals have deliberately and deceitfully communicated to the unsuspecting and non-reading public the historic enactment and operation of a Law.<\/span><\/p>\n

ENLIGHTMENT OF GENERAL PUBLIC<\/span><\/p>\n

Few intellectuals have gone on to \u2018Enlighten General Public,\u2019 that a particular \u2018Law\u2019 was \u2018Revised in 1992,\u2019 and thus still active and applicable. <\/span><\/p>\n

Transitionally, the \u2018Constitution Order\u2019 recognizes every pre-independence enactment as \u2018Existing Law\u2019 [CO: 1981: Page 79: Section 2].\u00a0 <\/span><\/p>\n

As it affects \u2018Public Auction,\u2019 even as the \u2018Amendment,\u2019 speaks to \u2018Competitive Participation,\u2019 an apparent confused and procedurally-misguided \u2018Port Manager, Darwin Telemaque,\u2019 appeared to have believed that the \u2018Sale of Russian Superyacht Alfa Nero\u2019 was comparable with the \u2018Online Shopping\u2019 offered by \u2018Amazon.\u2019\u00a0\u00a0<\/span><\/p>\n

HIGHEST SUBMITTED OFFER<\/span><\/p>\n

It has been the experience, that that the perceived novelty of some positions has caused some people, to harbor \u2018Illusions of Grandeur and Power.\u2019 Most fittingly, at the \u2018Closing Ceremony\u2019 to publicize the \u2018Highest Submitted Offer,\u2019 there shall be no dispute over that which reportedly transpired at the \u2018Conference Room\u2019 of the \u2018National Treasury.\u2019 <\/span><\/p>\n

There was no activity akin to \u2018Public Auction,\u2019 as stipulated and intended by Parliament. <\/span><\/p>\n

In recapping the event, \u2018Port Manager, Darwin Telemaque\u2019 identified the purchaser and \u2018Highest Submitted Offer\u2019 by \u2018United States Billionaire, Eric Schmidt\u2019 of \u2018US$ 67, 000, 677\u2019 [ABS Tv\/Radio: YouTube].\u00a0<\/span><\/p>\n

ALFA NERO: ABANDONED<\/span><\/p>\n

The sale of the \u2018Alfa Nero,\u2019 may now position \u2018Licensed Auctioneers\u2019 to engage in \u2018Non-Active Public Auction\u2019 Online. <\/span><\/p>\n

That which \u2018Auctioneers\u2019 may simply do, is to invite the attendance of; (i) \u2018The professionally-competent \u2018State Television\u2019 host, Garfield Burford: (ii) Media personnel; (iii) \u2018Man of Cloth. <\/span><\/p>\n

Major Byron Maxam to pray and observe; (iv) Man in Businessman, Paul Ryan; (v) Magistrate Dexter Wason; and (vi) Government Chief Auditor, Dean Evanson.\u2019 Should it be \u2018Warehoused Cargo,\u2019 they, most certainly, would need authorization of the immovable, \u2018Comptroller of Customs Raju Bodu\u2019 to declare as \u2018ABANDONED,\u2019 unclaimed or uncleared Cargo.\u2019 <\/span><\/p>\n

He may consider whether or not \u2018Licensed Auctioneer, Michael Freeland\u2019 deserves another \u2018Public Auction Contract.\u2019<\/span><\/p>\n

STATUS: SEIZURE \u2013 RUMMAGED – SOLD<\/span><\/p>\n

The \u2018Russian Superyacht,\u2019 was formally processed and warmly welcomed by; (i) \u2018Customs: (ii) Immigration; and (iii) Antigua Yacht Club\u2019 to \u2018Antigua and Barbuda\u2019s\u2019 territorial marine border. <\/span><\/p>\n

In better times, the visit of the \u2018Superyacht\u2019 may have been seen more for revenue-generating reasons.<\/span><\/p>\n

Then being bullied by nations enjoying \u2018Super Power Status,\u2019 the nation appeared to have submitted its \u2018Sovereignty\u2019 by; (a) \u2018Coerced Seizure: (b) Rummaged by Foreign Agents; (c) Not appointed Special Constables [Section 74: Police Act: Chapter 330]; (d) Tinkering with Amendments to the Port Authority Act; (e) Electronically-Communicated Offers; and (f) Eventual Sale.\u2019<\/span><\/p>\n

These in one line, have virtually left its legitimate owners dispossessed and deprived of the right to the full enjoyment of their property\u2019 [The Guardian: June 16, 2023].<\/span><\/p>\n

GIBRALTAR AUCTION: AXIOMA<\/span><\/p>\n

It is instructive to note that a recently \u2018Sanctioned Oligarch,\u2019 and owner of a \u2018Russian Superyacht Axioma\u2019 was reportedly auctioned in \u2018Gibraltar\u2019 with the proceeds intended to settle \u2018Debt Claims\u2019 by \u2018American Financier JP Morgan.\u2019 [Guardian: August 23, 2022].<\/span><\/p>\n

In the case of the ill-fated \u2018Russian Superyacht Alfa Nero,\u2019 there were several fundamental issues. <\/span><\/p>\n

These included; (i) \u2018The visible absence of a \u2018Legal Auctioneering\u2019 agent, representative or firm to facilitate the \u2018Public Auction Sale;\u2019 and (ii) Absence of a \u2018Licensed Auctioneer\u2019 to conduct the exercise in the public domain,\u2019 showed where the law has been completely ignored.\u00a0<\/span><\/p>\n

REPROBATES AND RENEGADES<\/span><\/p>\n

Not infrequently, some \u2018Managers\u2019 have been, and some must be used as \u2018Reprobates and Renegades.\u2019 <\/span><\/p>\n

It is expected that those so described, shall disregard any principle, law, rule and regulation, treaty and convention. <\/span><\/p>\n

This shall be so, particularly, if the \u2018Ends justify the means.\u2019 Lest it be misconstrued, \u2018Port Manager, Darwin Telemaque,\u2019 is not in any of these two categories. In fact, he might be called, \u2018St. Darwin.\u2019<\/span><\/p>\n

As \u2018Seller of Russian Superyacht Alfa Nero\u2019 he will face no difficulties; suffer no consequences, nor experience no indignities. That which he shall know is that \u2018Public Auction,\u2019 is not the same as \u2018Online \u2018Dating; Gaming; Shopping; or Bidding.\u2019\u00a0<\/span><\/p>\n

DARWINIAN LAW\u00a0<\/span><\/p>\n

If it were so, \u2018Licensed Auctioneers: (i) \u2018Nathaniel \u2018Paddy\u2019 James: (ii) Trevor \u2018Teddy\u2019 Santos; (iii) Algernon \u2018Serpent\u2019 Watt; and (iv) Wilmoth Daniel\u2019 may all have been operating \u2018Call Centers.\u2019 Though the \u2018Port Authority (Amendment) Act\u2019 seems capable of being called \u2018Darwinian Law,\u2019 that which speaks to: (a) \u2018The Proceeds of Crime; and (b) Instrumentality of Crime,\u2019 are well outside the province, knowledge and professional competence of \u2018Port Managers.\u2019 These are well known statutory functions of \u2018Criminal Law enforcers; (i) \u2018The Police; and (ii) Office of National Drug and Money Laundering Control Policy (ONDCP).<\/span><\/p>\n

Moreover, that which was also known as a function of \u2018ADOMS,\u2019 were ships registration and Marine Insurance, pre-requisites for their operations.<\/span><\/p>\n

PIRATES OF FALMOUTH HARBOUR<\/span><\/p>\n

In the eyes of the \u2018International Yachting\u2019 community, the action by \u2018Port Manger, Darwin Telemaque,\u2019 could very well position the nation and himself to be seen as a \u2018Pirates of Falmouth Harbour.\u2019 <\/span><\/p>\n

This could be viewed as second only to that being exhibited by \u2018Somali Pirates\u2019 on the \u2018High Seas.\u2019 <\/span><\/p>\n

This may have been seen when \u2018Parliament\u2019 appeared to have used its legislative muscle and majority in pommeling the owners of the \u2018Russian Luxury Superyacht-Alfa Nero,\u2019 out of legitimacy of ownership. Reportedly gloating over the \u2018Amendment\u2019 to the \u2018Port Authority Act,\u2019 Port Manager,<\/span> Darwin Telemaque,\u2019 was said to have seen the legislative initiative as far better than \u2018Brownie\u2019s Sliced-Bread; Bun and Butter; or Salami and Cheese.\u2019\u00a0<\/span><\/p>\n

RUSSIAN VODKA<\/span><\/p>\n

Notwithstanding the \u2018Super High-Offer Sale\u2019 of the \u2018Russian-protected marine craft, the nation and people run the risk of being subjected to the \u2018Fury of the apparent coldblooded warmongering \u2018Russian President, Vladimir Putin.\u2019 <\/span><\/p>\n

Inferentially, when \u2018Parliamentarians\u2019 considered the \u2018Amendment,\u2019 though they may not have \u2018puffed\u2019 the \u201915 Grammes\u2019 of the \u2018Vegetable Substance\u2019 Secondary school students\u2019 were reported to have been \u2018puffing\u2019 on \u2018Recess Breaks,\u2019 something else may have befuddled their brains. <\/span><\/p>\n

S<\/span>ince they may not have been under such influence, then it would be wrong to assume it was \u2018Russian Vodka.\u2019 Even so, \u2018Parliament\u2019 could never have intended that \u2018Online Solicitation of Offers\u2019 shall replace \u2018Public Auctioneering.\u2019<\/span><\/p>\n

ONLINE SOLICITATION<\/span><\/p>\n

That which such \u2018Online Solicitation\u2019 does, is to effectively eliminate active \u2018Public Participation\u2019 in open competitive Public \u2018Auction Biddings.\u2019<\/span><\/p>\n

That which shall be borne in the minds of ever \u2018Licensed Auctioneer,\u2019 as well as members of the public, is that \u2018Legitimacy\u2019 of \u2018Public Auction,\u2019 is guided only by Law governing \u2018Public Auction\u2019 with stipulated legal procedures to be followed.<\/span><\/p>\n

Thus, no \u2018Port Manager,\u2019 including \u2018Darwin Telemaque\u2019 could ever successfully argue, even in the \u2018Fiery Pit,\u2019 that \u2018Parliament\u2019 so intended.<\/span><\/p>\n

Therefore, any \u2018Port Manager\u2019 that sells Yachts Online as obtained on \u2018eBay,\u2019 shall be mindful of this \u2018Pit.\u2019 Those that witnessed the unfolding event- \u2018Clergy and Magistrates,\u2019 shall also be mindful \u2018When the roll is called up Yonder\u2019 [\u2026.]. There will be no Auctioneer to shout \u2018Going once; Going twice; SOLD.\u2019\u00a0<\/span><\/p>\n

COMPETITIVE BIDDING<\/span><\/p>\n

Parliament anticipated that with or without money, there would a gathering of members of the public. <\/span><\/p>\n

It also anticipated that those with money may (i) Bid, as well as increasing upon the \u2018Biddings\u2019 made by others; or (ii) By decreasing the Sum made by the \u2018Auctioneer or person acting as \u2018Auctioneer, or other person at such sale; and (iii) By other mode of sale by competition,\u2019 he\/she shall be \u2018an Auctioneer\u2019 within the meaning of this Act\u2019 [Section 1 (2) (c): Auctioneers Act: Chapter 37].<\/span><\/p>\n

There was no evidence of Fact\u2019 that; (i) \u2018There was a \u2018Public Auction; and (ii) A Licensed Auctioneer\u2019 present and conducted the exercise.<\/span><\/p>\n

HUMAN SURVIVABILITY<\/span><\/p>\n

For \u2018Human Survivability\u2019 people in situations of desperation, were often told that \u2018Necessity knows no law.\u2019 Consequently, circumstances have often impelled them to develop \u2018Survival Strategies.\u2019 <\/span><\/p>\n

Except for the crooked and the greedy, just to survive, some may scheme and connive and cut and contrive. <\/span><\/p>\n

Conversely, nations, impoverished and in dire economic straits, have often resorted to \u2018Expediency.\u2019 <\/span><\/p>\n

Thus, in legitimizing certain courses of action, the \u2018Sale of \u2018Russian Superyacht, Alfa Nero\u2019 was seen slightly different to the exploits of the \u2018Somali Pirates.\u2019 <\/span><\/p>\n

They have seized and\/or commandeered ships by \u2018Force of Arms,\u2019 while governments seize and sell through legislation.<\/span><\/p>\n

BRINK OF WAR<\/span><\/p>\n

The nation, neither at war with \u2018Russia or Ukraine, nor the United Kingdom or the United States of America.\u2019 <\/span><\/p>\n

Yet somehow, almost found itself at the \u2018Brink of War\u2019 with (i) \u2018The United States (US); (ii) The United Kingdom (UK); and (iii) The European (EU).\u2019 <\/span><\/p>\n

Making a case for dispossessing and disposing of the \u2018Russian Superyacht, Alfa Nero,\u2019 media reports quoted \u2018Prime Minister Gaston Browne\u2019 saying; \u2018Antigua and Barbud could face reputational damage, among other issues, if it doesn\u2019t quickly to remove the Russian-owned Superyacht Alfa Nero from English Harbour\u2019 [Observer: March 2023].\u00a0<\/span><\/p>\n

MARITIME PIRACY<\/span><\/p>\n

Clearly, that which \u2018House Members,\u2019 inclusive of \u2018Speaker and President,\u2019 may not have factored in their legislative deliberations, Chairmanship and considerations, was that likened to the entire citizenry, the \u2018STATE\u2019 is always \u2018Under Subjection of Law\u2019 [CO: 1981: FCP \u2018D\u2019]. <\/span><\/p>\n

When Parliamentarians reside \u2018Power\u2019 in a Port Manager to \u2018Declare Ships and Seagoing Vessels; (a) \u2018Abandoned; and (b) Deprived owners of their property, through \u2018Public Auction Sale,\u2019 the \u2018Legislature\u2019 run the risk of being seen as a \u2018Body of Pirates.\u2019 <\/span><\/p>\n

Such may very well be the time that Yacht owners could know if both \u2018State and Port Manager,\u2019 have set sail on a course to commit \u2018Maritime Piracy.\u2019\u00a0\u00a0<\/span><\/p>\n

FACILITATED DRAFTING<\/span><\/p>\n

When the \u2018Ministry of Legal Affairs (MOLA)\u2019 caused \u2018Amendment\u2019 to the \u2018Port Authority Act,\u2019 legal luminaries saw this as an initiative of \u2018Expediency,\u2019 as opposed to one of urgent national necessity.<\/span><\/p>\n

Seemingly, as the driving force, the \u2018United States,\u2019 through \u2018Antigua and Barbuda Ambassador to the \u2018United Nations,\u2019 His Excellency, Ronald \u2018Ron\u2019 Saunders,\u2019 inferentially, facilitated the drafting of the \u2018Port Authority (Amendment) Act\u2019 [No.1 of 2023]. Expediently, they ensured that the word \u2018Sanction\u2019 was intentionally inserted into the \u2018Act\u2019 without a \u2018Legal Interpretation.\u2019 <\/span><\/p>\n

Such is not only left to the whim and fancy of a \u2018Port Manager,\u2019 but shall apply to the \u2019Sale\u2019 of a ship or vessel, ironically, declared by the \u2018Port Manager\u2019 as \u2018Abandoned.\u2019<\/span><\/p>\n

IMMIGRATION\/CUSTOMS FORMALITIES<\/span><\/p>\n

Seemingly making out a case for \u2018Environmental Protection,\u2019 \u2018Port Manager\u2019 and apparent self-appointed \u2018Environmental Officer, Darwin Telemaque\u2019 speaks to the presence of the \u2018Russian Superyacht Alfa Nero\u2019 within the territorial water of Antigua and Barbuda.\u2019<\/span><\/p>\n

He saw inter alia; (a) \u2018Environmental: (b) Navigational; and (c) Business operations hazards.\u2019 The \u2018Alfa Nero,\u2019 lawfully gained entry through the \u2018English Harbour\/Falmouth Harbor Port of Entry.\u2019 <\/span><\/p>\n

That which appeared to have escaped parliamentary attention, inclusive of those that chaired and sat in both the \u2018Lower and Upper Houses of Parliament,\u2019 may have been; (a) \u2018The contents of the Amendments: (b) Mischief Aimed\u2019 by Parliament; and (c) Auctioneers Act\u2019 [Chapter 37].<\/span><\/p>\n

LEGISLATIVE TINKERING<\/span><\/p>\n

One may have seen the havoc caused by the \u2018Legislative Tinkering\u2019 in repealing certain \u2018Sections\u2019 of the \u2018Police Act.\u2019 <\/span><\/p>\n

It had left agencies, including: (i) \u2018The Police Service: (ii) Magistracy; and (iii) Office of Director of Public Prosecutions (DPP)\u2019 functionally-disabled. That which the \u2018Port Manager\u2019 may not have possessed are \u2018Professional Degrees in; (i) Marine Technology; and: (ii) Marine Management\u2019 [World Maritime University: Malmo: Sweden]. <\/span><\/p>\n

Seemingly, starved for knowledge, \u2018Legislative Guidance,\u2019 Parliamentarians appeared to have confused \u2018Maritime Services\u2019 with \u2018Port Management.\u2019<\/span><\/p>\n

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

Whenever the twin-island nation of \u2018Antigua and Barbuda\u2019 was seen by the citizenry as having made legal blunders, the first \u2018Legal Officer\u2019 that was apportioned blame for whatever blunders, was invariably Attorney General, \u2018Steadroy \u2018Cutie\u2019 Benjamin.\u2019\u00a0<\/span><\/p>\n

Constitutionally, he is a \u2018Legal Creature,\u2019 with the assigned responsibility as \u2018Principal Legal Adviser to the Government\u2019 [CO: 1981: Section 82]. Ministerially, he was appointed and assigned responsibility for \u2018Legal Affairs and Justice.\u2019 <\/span><\/p>\n

Though he has over all constitutional responsibility for all \u2018Legal Matters,\u2019 in the exercise of his functions, he is really not alone.\u00a0<\/span><\/p>\n

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

With him are; (i) The Solicitor General, Martin Camacho; (ii) Deputy Solicitor General, Joy Dublin; and (iii) Former Solicitor General, Lebrecht Hessey 92.\u2019 <\/span><\/p>\n

When irate citizens called upon \u2018Sir Gerald Owen Anderson Watt KCN, KC,\u2019 to resign, he is really not the only \u2018Grand-Daddy\u2019 with functional association with this Ministry. <\/span><\/p>\n

These esteemed \u2018Legal officers,\u2019 are supposedly, the \u2018Legal Sleuths\u2019 within the \u2018Ministry of Legal Affairs and Justice.\u2019 <\/span><\/p>\n

Not infrequently, that which may have been observed leaving this particular \u2018Ministry\u2019 have been courses of action, that have often begged for \u2018Justice.\u2019\u00a0<\/span><\/p>\n

ANNOUNCEMENT CEREMONY<\/span><\/p>\n

As there was no \u2018Competitive Public Action; evidenced by \u2018Non-Active Biddings,\u2019 in actuality, the \u2018Port Manager\u2019 became the \u2018Offeree,\u2019 while prospective buyers were the \u2018Offerors.\u2019 <\/span><\/p>\n

At the end of the \u2018Announcement Ceremony,\u2019 the highest sum, ironically, came from \u2018United States Billionaire Eric Schmidt.\u2019 <\/span><\/p>\n

The \u2018Offeror,\u2019 proposed to pay the \u2018Offertory Sum of \u2018US$67.6 million\u2019 for the \u2018multi-million-dollar valued \u2018Superyacht of US$81 million.\u2019 <\/span><\/p>\n

This was opened to external mega-wealth possessors. The \u2018Sale and Yacht\u2019 that remained berthed in the \u2018territorial water of Antigua and Barbuda,\u2019 have been the subject of \u2018Civil Litigation.\u2019<\/span><\/p>\n

BENEFIT OF KNOWLEDGE<\/span><\/p>\n

The closed-door \u2018Offer-Reading Exercise\u2019 was reported to have been accessible only to; (i) \u2018Media professional; and (ii) Observers of; (a) \u2018British: (b) United States; and (c) Antigua and Barbuda Governments interests.\u2019<\/span><\/p>\n

For the benefit of knowledge, the \u2018National Law\u2019 interprets \u2018Auctioneer\u2019 as; \u2018Any person who; (i) \u2018Exercises or carries on the trade or business: or (ii) Acts in such capacity; or (iii) Sells or offer for sale any; (a) \u2018Goods; (b) Chattels; (c) Lands; (d) Tenements; (e) Hereditaments; or (f) Any interests therein\u2019 [ Section 3 (1): Auctioneer Act: Chapter 37].\u00a0\u00a0<\/span><\/p>\n

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

Consequent upon the \u2018Port Authority (Amendment)\u2019 nothing may hinder an overly-ambitious and officious \u2018Port Manager\u2019 in moving into \u2018Falmouth Harbor\u2019 or \u2018Dry Dock Yacht Marina\u2019 to make impromptu inspection; irrational assessments and decisions. <\/span><\/p>\n

Nothing hinders him\/her in determining which Yacht might; (a) \u2018Be seized; (b) Declared abandoned; then (c) Simply publish a \u2018Notice\u2019 as statutorily required in the \u2018Official Gazette; and (d) After 90 days and before Sunset, sell \u2018Online, and accept the \u2018Highest Offer\u2019 a ship or vessel of substantial worth and luxury, under the guise of; (a) \u2018Environmental protection: (b) Navigational hazards; or (c) Want of insurance\u2019 [Section 38 A: Port Authority (Amendment) Act: No. 1 of 2023].\u00a0 <\/span><\/p>\n

For now, if nothing else, history and posterity may judge the behavior of \u2018Port Manager, Darwin Telemaque,\u2019 who acting out of zeal, docility and vain glory, as to be seen as hopelessly by reasons of environmental influence, seen through the coined concept; \u2018Institutionalized Subserviency. <\/span><\/p>\n

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By Rawlston Pompey Whether or not self-advised or otherwise advised, \u2018Amendment\u2019 to the \u2018Port Authority Act,\u2019 appeared to have impinged on the function of \u2018Antigua and Barbuda Department of Maritime Services (DOMS).\u2019 Conceptualized and subsequently given legislative consideration, \u2018Parliament\u2019 has made it lawful for the \u2018Port Manager\u2019 to \u2018Sell ships and Seagoing vessels at \u2018Public […]<\/p>\n","protected":false},"author":12,"featured_media":7624,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-177267","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Darwin Telemaque - Creature of Statute or Pirate of State - 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-darwins-telemaque-creature-of-statute-or-pirate-of-state\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Darwin Telemaque - 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