{"id":196430,"date":"2024-03-05T08:12:46","date_gmt":"2024-03-05T12:12:46","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=196430"},"modified":"2024-03-05T08:12:46","modified_gmt":"2024-03-05T12:12:46","slug":"commentary-steely-resolve-quest-for-natural-justice-john-mussington-and-jacklyn-frank","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-steely-resolve-quest-for-natural-justice-john-mussington-and-jacklyn-frank\/","title":{"rendered":"COMMENTARY: Steely Resolve – Quest For Natural Justice John Mussington And Jacklyn Frank"},"content":{"rendered":"
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Steely Resolve – Quest For Natural Justice<\/p>

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John Mussington And Jacklyn Frank<\/p>\n

RAWLSTON POMPEY<\/strong><\/p>

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None may deny the that \u2018Justices\u2019 anywhere, shall exhibit with professional competence, that which they know and do best. The \u2018London Privy Council Law Lords\u2019 may have been so impressed with \u2018Barbudan resident; Environmentalist; Litigant- claimant, respondent and appellant; \u2018John Mussington,\u2019 that they quoted from his affidavit. The most heart-wrenching lines in the \u2018Judgement\u2019 states; \u2018Years of history, and what was a site of environmental beauty, was being devastated\u2019 [JM: UKPC 3: No. 0116 of 2021: Paragraph 13].<\/p>

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JUDICIAL NONSENSICALITY<\/p>\n

It reeks of \u2018Judicial Nonsensicality,\u2019 when \u2018Courts of First Instancy and Intermediacy,\u2019 without the benefit of \u2018Scientific\u2019 knowledge, expertise and evidence, sought to rule adversely against litigating Claimants, possessing such knowledge and such expertise.\u2019 Firstly, when the Claimants instituted \u2018Civil\u2019 proceedings against the \u2018Development Control Authority (DCA) et al\u2019 for \u2018Judicial Review,\u2019 it was not never because they were \u2018Busybodies\u2019 [Webster J: ECSC: April 29, 2021].<\/p>

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CONCERN FOR ECOLOGY<\/p>\n

Contrasting, the \u2018Ruling\u2019 by the Eastern Caribbean Supreme Court (ECSC), the \u2018British Law Lords,\u2019 giving acute consideration to the issues judicially and legitimately raised, noted in their judgement; \u2018Mr. Mussington has demonstrated a particular concern for the ecology of the \u2018Development Site\u2019 [Paragraph 56]. Then unanimously, the \u2018Law Lords wrote; \u2018The \u2018Board\u2019 shall advise \u2018His Majesty\u2019 that the \u2018Appeal\u2019 should be allowed\u2019 [Paragraph 60].<\/p>

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PERSPECTIVE<\/p>

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This featured article looks at certain \u2018Rules\u2019 as contained in the \u2018Eastern Caribbean Supreme Court Civil Proceedings Rules\u2019 (ECSC\/CPR)- 2000\u2019 [Amended: May 2014]. It specifically looks at litigation, particularly as it affects; (a) \u2018The Physical Planning Act\u2019 [No. 6 of 2003]; (b) The behavior of the (I) \u2018First Instant; and (ii) Intermediate Courts,\u2019 as they relate to \u2018Judicial Review Claims; and (iii) Litigious \u2018Standing\u2019 in challenging governmental bodies and agencies on decisions affecting citizen\u2019s interests.<\/p>\n

DEDICATION<\/p>\n

Dedicated to; Former Prime Minister, Dr. Baldwin Spencer; and Sir Steadroy \u2018Cutie\u2019 Benjamin.\u2019 They had earlier failed in securing \u2018Standing in Judicial Review Claims; (a) \u2018Dato Tan Kay Hoc; and (b) The indoor \u2018Car Park; Litigants with \u2018Seminal Judgementsl (i) \u2018Alister Thomas-Accounts Committee; and (ii) John Mussington; and (iii) Jacklyn Frank.\u2019<\/p>\n

LITIGIOUS WOES<\/p>\n

In the litigious proceedings, \u2018John Mussington and Jacklyn Frank\u2019 appeared to have caused more troubles to the \u2018CEO and Developer,\u2019 than of rain showers falling upon; (I) \u2018Codrington; (ii) Coco Point; and (iii) The \u2018Third Barbuda Airstrip.\u2019 Clearly, it was non-adherence to the \u2018Rule of Law\u2019 by the \u2018Development-issuing authority,\u2019 with power vested in \u2018Town and Country Planner and Chief Executive Officer (CEO), Frederick Southwell.\u2019 that precipitated the \u2018Litigious Woes.\u2019<\/p>\n

FRIVOLOUSLY AND VEXATIOUSLY<\/p>\n

When the \u2018Appellants caused the institution of appellate proceedings before the \u2018Apex Court, the \u2018London-based Judicial Committee of the Privy Council against the decisions of; (I) \u2018The Court of First Instance; and (ii) Court of Appeal,\u2019 it may have been for the purpose of eliminating behavior that lay persons might be inclined to associate with the instinctive behavior of Kangaroos.\u2019 The Law Lords\u2019 appeared not to have viewed the litigious proceedings as \u2018Frivolous and Vexatious.\u2019<\/p>\n

PARAMOUNT IMPORTANCE<\/p>\n

It is of \u2018Paramount Importance\u2019 that the citizenry understands that \u2018Parliament\u2019 appeared most mindful of the environment. The legislative body anticipated that certain infrastructural development may impact both life and the environment. It also knew that as circumstances necessitate and situations demand, there may be no obedience to Law. Parliament also knows that in a democracy; and in civil society, except a \u2018Renegade State,\u2019 the \u2018Rule of Law\u2019 shall prevail. Likened to the citizenry, the \u2018State\u2019 shall be subjected to Law\u2019 [CO: 1981: FCP: \u2018D\u2019]. Renegade States, are those likened to our \u2018CARICON neighbor-Haiti.\u2019<\/p>\n

KNOWLEDGE AND EXPERTISE<\/p>\n

Unlike the apparent insensitive and reckless judicial behavior of the \u2018First Instance and Intermediate Courts,\u2019 the \u2018UKPC Board,\u2019 neither insulted the intelligence, nor expertise of the \u2018Appellants.\u2019 It never sought to reduce their shared concerns to \u2018Figment of Imagination.\u2019 Consciously aware that the former possesses such scientific knowledge and expertise, the \u2018Law Lords\u2019 without circumspection or rejection, accepted that which they accepted, \u2018Appellant John Mussington,\u2019 so well-articulated.<\/p>\n

SCIENTIFIC BACKGROUND<\/p>\n

Had it not been so, the \u2018Board,\u2019 through \u2018Lord Boyd\u2019s Delivery,\u2019 may not have written in the \u2018Judgement\u2019; In particular, Mr. Mussington\u2019s; (i) \u2018Scientific Background;\u2019 (ii) His knowledge of the flora and fauna in the area; (iii) His status as a local resident; and (iv) His experience in conducting \u2018Environmental Assessment\u2019 [UKPCA: No. 0116 of 2021: Paragraph 58].<\/p>\n

DOCILITY AND STUPIDITY<\/p>\n

It has been to the professional knowledge that people were positioned more for their \u2018Exploitative Usefulness,\u2019 than for their professional competence. These were usually the ones, when things go wrong, often found themselves being pushed \u2018Under the bus.\u2019 But then, should \u2018Executive Officers\u2019 subjected themselves to be culturally-docile and not annoyingly stupid, then \u2018Docility and Stupidity,\u2019 shall wreak havoc upon them, all of that which remains of their lives.<\/p>\n

NATURAL JUSTICE<\/p>\n

Impelled to cause the \u2018Judiciary,\u2019 to visited the supposedly, the \u2018Watchdog\u2019 for the citizenry, the judicial system has turned upon these litigants like \u2018Hyaenas.\u2019 Incidentally, such visitation was simply, as of a fundamental human right, as they seek \u2018Natural Justice.\u2019 This, in legal proceedings means; \u2018The right to be heard.\u2019 That which they may have realized was that even that which they had caused to be visited upon the State, through one of the two most dangerous \u2018Arms of Government,\u2019 was the \u2018Executive.\u2019<\/p>\n

GOVERNMENTAL ARMS<\/p>\n

The other being the \u2018Legislature.\u2019 When these \u2018Governmental Arms,\u2019 come together, only the \u2018London Privy Council\u2019 could put them asunder. Just about \u2018Half the Trouble,\u2019 holder of; (i) \u2018Airport Runway; and (ii) Development Permits\u2019 [July 13, 2018: July 18, 2012: UKPC 3: No. 0116 of 2021: Paragraph 22] the \u2018Government of Antigua and Barbuda\u2019 may have experienced with the construction on \u2018Sister Isle Barbuda,\u2019 litigants have contended, that it was attributed to several administrative factors.\u2019<\/p>\n

BRINGING TO OBEDIENCE<\/p>\n

In the \u2018John Mussing\/Jacklyn Frank\u2019 proceedings, among other issues, the litigation may also have been to \u2018Bring to Obedience;\u2019 (a) \u2018The Town and Country Planner, Frederick Southwell; (b) That he might be judicially-forced into \u2018Complying with Existing Law; (c) That the \u2018Antigua and Barbuda Airport Authority; and (d) Development Control authority (DCA),\u2019 not only fall into line with reality, but also with the residential concerns of the litigants. The \u2018Authority\/Board\u2019 shall know that the \u2018Act\u2019 binds the Crown\u2019 [PPA: No 6 of 2003: Section 82].<\/p>\n

MINDFUL OF ENVIRONMENT<\/p>\n

The \u2018Physical Planning Act\u2019 makes it sufficiently and perfectly clear that even Law-degreed, but non-legal practicing \u2018Member of Parliament, Maria Vanessa Bird-Browne\u2019 understands. The member, likened to her daughter, \u2018Princess Peace Xandria Browne 2,\u2019 knows that; \u2018An \u2018Environmental Impact Assessment (EIA)\u2019 shall be carried out in respect to an application for a \u2018Land Development Permit\u2019 [PPA: No. 6 of 2003: Section 23].<\/p>\n

DUALED-POSITION<\/p>\n

That which appeared most damning to the \u2018British Law Lords,\u2019 was that the \u2018Dual-Positioned;\u2019 (i) \u2018Town and Country Planner; and (ii) Chief Executive officer\u2019 of the \u2018DCA\u2019 [Section 6 (2)],\u2019 had purportedly; (a) \u2018Issued a \u2018Development Permit; (b) Allowed construction to begin before \u2018an Environment Impact Assessment (EIA)\u2019 was obtained and submitted to the \u2018Authority.\u2019 Those that guided the \u2018Affidavit,\u2019 appeared to have done to him a great disservice.<\/p>\n

ORAL CONVERSATION<\/p>\n

As a capital and developmental project, had the \u2018Law\u2019 been followed by the \u2018DCA,\u2019 with both \u2018Executive and Ministerial\u2019 oversight, the \u2018British Law Lords\u2019 may not have looked at either the apparent sloppy execution of \u2018Executive\u2019 authority\u2019 or incompetency. The \u2018Privy Councilors, guided by \u2018Law\u2019 and Procedure,\u2019 observed \u2018an Affidavit\u2019 that speaks to sheer absurdity.\u2019 These they noted; (i) \u2018On 19 September, 2018, Mr. Southwell stated that he had granted the development on 18 July 2018; (ii) This was on the strength of \u2018an Oral Conversation\u2019 with environmental officer, \u2018Ato Lewis\u2019 [UKPC 3: No. 0116 of 2021: Paragraph 21].<\/p>\n

JUDGEMENT OF WOE<\/p>\n

Apparent lack of familiarity, and non-adherence with the very provisions contained in the \u2018Physical Planning Act,\u2019 that guides administrative decisions and enforcement by the \u2018Town and Country Planner, Frederick Southwell,\u2019 have not only brought a \u2018Judgement of Woe,\u2019 upon the \u2018State, its agencies and agents,\u2019 but also placed his professional and administrative competence under serious public and ministerial scrutiny. Thus, no member of the \u2018Authority\u2019 shall take refuge, neither under governance, nor lack of ministerial oversight.<\/p>\n

CONFIDENCE AND FAITH<\/p>\n

Ever since, the nation\u2019s attainment of \u2018Sovereignty,\u2019 the people have reposed \u2018Great Confidence\u2019 in the \u2018Law Lords and Law Ladies,\u2019 that have graced those \u2018Chambers.\u2019 Collectively, the populace has also placed \u2018Great Faith\u2019 in their apparent-endowed \u2018Reason and Conscience.\u2019 These appeared to have been gravely lacking within the \u2018Judicial\u2019 system of the \u2018Organization of Eastern Caribbean States (OECS).\u2019 Such would have been made evident by the voting population\u2019s total rejection of the \u2018Caribbean Court of Justice (CCJ) Referendum\u2019 [November 6, 2018].<\/p>\n

BASTION OF HOPE<\/p>\n

When eminent \u2018Justice Dame Janice Pereira DBE,\u2019 former Chief Justice of the \u2018Eastern Caribbean Supreme Court (ECSC),\u2019 sought to impress upon civil society that the \u2018Courts\u2019 represents the \u2018Bastion of Hope,\u2019 given the \u2018UKPC John Mussington and Jacklyn Frank Judgement,\u2019 such may now be seen as nothing short of making \u2018Tomfoolery\u2019 of litigants and the criminally-accused. The adjudicators appeared never wanted to give \u2018Hope\u2019 a chance. Many appeared more fearful of public administrators, than they are of the devil.<\/p>\n

HOUNDING COURTS<\/p>\n

That which the \u2018Appellants\u2019 may have experienced, was that; (I) \u2018The Court of First Instance; and (ii) Intermediate Courts,\u2019 may have become \u2018Hounding Courts,\u2019 than being \u2018Watching Dogs.\u2019\u00a0 The \u2018London-based Appellate Court- \u2018Judicial Committee of the Privy Council (JCPC),\u2019 was not only universally recognized, but has also enjoyed overwhelmingly respect from a great many people within the Commonwealth.<\/p>\n

COLLECTIVELY AND UNANIMOUSLY<\/p>\n

Informingly, in the delivered \u2018Judgement\u2019 by \u2018Justice of Appeal, Webster,\u2019 on the 3-member panel of Justices, \u2018Collectively and Unanimously,\u2019 ruled that the \u2018Appellants had no \u2018Standing\u2019 in their application for \u2018Judicial Review Claim.\u2019 The \u2018Judgement\u2019 of the \u2018London Privy Council Board (JCSC),\u2019 appeared to have clearly put to shame the \u2018Justices of Appeal\u2019 on the Eastern Caribbean Supreme Court (ECSC).\u2019<\/p>\n

OBNOXIOUS PLATITUDE<\/p>\n

Yet, by the Eastern Caribbean Supreme Court (ECSC), \u2018Black Judges\u2019 continue to see things \u2018Black.\u2019 The eminent and learned Judge, His Lordship, Justice Paul Anthony Webster\u2019 reportedly dismissed the \u2018Appellants\u2019 concerns and interests\u2019 on the basis that there was no evidence that they have any expertise in the subject-matter of the application. As referenced in the \u2018Seminal Judgement,\u2019 the \u2018Court of Appellate\u2019 determined that the \u2018Appellants\u2019 fitted the legal description of \u2018Busybodies\u2019 [Paragraph 56].<\/p>\n

LEGAL DEFINTION<\/p>\n

While the terminology remains a \u2018Legal Definition,\u2019 it offends human sensitivity and dignity for \u2018Courts\u2019 to use pejoratives in \u2018Judgements,\u2019 particularly, those adverse to the interests of litigants. In the \u2018Baptism of Privy Council Fire,\u2019 backed up with a persistent grueling probe into his scientific knowledge, \u2018Dr. David Dorset,\u2019 likened to the rest of the \u20185-member Legal Team,\u2019 appeared virtually knowledgeably helpless to questions by the \u2018Board.\u2019 Still, if any attorney deserves \u2018Retainer\u2019s Fees\u2019 for his failed and disappointing efforts, then it shall be him.<\/p>\n

OBNOXIOUS JUDICIAL PLATITUDE<\/p>\n

Invariably, subtly an adjudicator may use facetiously, or \u2018Obnoxious Judicial Platitude.\u2019 The Case that makes the point has been that of \u2018Environmentalists John Mussington, together with Jacklyn Frank.\u2019 \u00a0This may not necessarily have been true of the eminent and learned Judge, His Lordship, Justice Paul Anthony Webster.\u2019 When he reportedly delivered the \u2018Judgement, dismissed the \u2018Appellants\u2019 concerns and interests,\u2019 it was reported that such on the basis that there was no evidence. It was the ruling of the Court\u2019 that they had no expertise in the subject-matter of the application. Thus, some \u2018Justices\u2019 may wish to be more judicially-discrete with their expressions.<\/p>\n

BUSYBODIES: DUMB AND IGNORANT<\/p>\n

As referenced by the \u2018Law Lord,\u2019 the \u2018Court of Appeal\u2019 concluded that the \u2018Appellants fitted the legal description of \u2018Busybodies\u2019 Paragraph 56]. While the terminology remains a legal definition, for the mischievous, still it is capable of being deemed \u2018Reprehensible.\u2019 Even the \u2018Dumb and Ignorant\u2019 know that it offends human sensitivity and dignity. Thus, no \u2018Court\u2019 shall use pejoratives in \u2018Judgements,\u2019 particularly, those delivered adverse to the interests of litigants.<\/p>\n

ENVIRONMENTAL PROTECTION<\/p>\n

Those that \u2018Plan Towns and Countries,\u2019 shall not only be mindful of that which was prescribed by parliamentary enactments, but also protect their integrity. The appellants had shared concerns. These reportedly emanated from as much as; (a) \u2018The private leasehold of land; to (b) To the controversial construction of an airstrip; to (c) The ecological and landscape destruction; to (d) Protection of the environment; to (e) The impact on their own lives, in residency and close proximity of the development on \u2018Sister Isle, Barbuda.\u2019<\/p>\n

ENVIRONMENTALLY DOCILE<\/p>\n

The possibilities then existed, may very well have been a lethargic approach to management. It may have been observed that \u2018CEO\u2019s that became \u2018Environmentally Docile,\u2019 were often given; (i) Bad legal advice; and (iv) Invariably, show non-adherence to the \u2018Rule of Law.\u2019 They are not wary in making exploitative environmentally-influenced decisions. Not infrequently, disguisedly, and with cunning design for \u2018Circumvention of Law.<\/p>\n

DESTRUCTION: BARBUDA<\/p>\n

Given these contentions, the \u2018Development Control Authority (DCA),\u2019 could reasonably be apportioned more blame for the environmental troubles, than the catastrophic trail of destruction left by the \u2018Category-5 Hurricane Irma\u2019 [September 6, 2017]. This \u2018Category,\u2019 in economic terms, had been the language of \u2018former Finance Minister, Harold Lovell\u2019 [2004-2014]. It was \u2018non-adherence to Law that had forced aggrieved residents and environmental activists; (I) \u2018John Mussington; and (ii) Jacklyn Frank,\u2019 into litigating against the \u2018Authority.\u2019<\/p>\n

MALADY OF SUBSERVIENCY<\/p>\n

These were seemingly among other variables that may have compounded the \u2018Administrative Difficulties,\u2019 that may have gravely affected \u2018Town and Country Planner and Chief Executive Officer, Frederick Southwell.\u2019 That which it may not be too late to recognize, is that he shall not only always be mindful, but also watchful. Most importantly, he shall always endeavor to; (a) \u2018Avoid the \u2018Malady of Subserviency;\u2019 and (b) Protect his \u2018Human Dignity and Worth.\u2019<\/p>\n

HAMMER IN HAND<\/p>\n

People like these, could never be around musician that make \u2018Pan.\u2019 They always have a \u2018Hammer in Hand\u2019 to tune pan and \u2018pound\u2019 a stupid man.\u2019 Even metaphorically, \u2018Town and Country Planners\u2019 shall know that the \u2018Element that melts steel,\u2019 is also the same element that hardens ceramics.\u2019 This, without consternation, can be attested too, by former \u2018Town and Country Planner, Aldin Crump\u2019 [Carlisle Bay: Mangrove Destruction incident].<\/p>\n

STEELY RESOLVE: SEMINAL JUDGMENT<\/p>\n

With a \u2018Steely Resolve,\u2019 sheer adamancy and intrepidity, taking one \u2018Giant Step\u2019<\/strong> into litigious history, litigants \u2018John Mussington and Jacklyn Frank,\u2019 saw the \u2018London Privy Council\u2019 exposed the irrationality, impotence and ignorance of those refusing or hearing \u2018Judicial Reviews,\u2019 within this nation\u2019s jurisprudence. Even so, such \u2018Step\u2019 may not necessarily have been about the \u2018Leap,\u2019<\/strong> but of a \u2018Seminal Judgment,\u2019 the litigants had successfully persuaded the \u2018Apex Court\u2019 into delivering [February 27, 2024].<\/p>\n

KNOWLEDGE AND REASONING<\/p>\n

In the \u2018Verbal Baptism; – Privy Council,\u2019 backed up with a persistent grueling probe into his legal \u2018Knowledge and Reasoning,\u2019 \u2018Dr. David Dorset,\u2019 likened to the rest of the \u20185-member Legal Team,\u2019 appeared virtually knowledgeably helpless to questions by the \u2018Board.\u2019 Still, if any attorney deserves \u2018Retainer\u2019s Fees\u2019 for his failed and disappointing efforts, then it shall be him.<\/p>\n

ISSUE: COMPLIANT WITH \u2018PPA\u2019<\/p>\n

Research has revealed that having \u2018Taken Judicial Notice\u2019 of documents duly filed by the named residents, Her Ladyship, Justice Rosalyn E. Wilkinson\u2019 advised the litigating parties; \u2018There was an arguable Case in the documents filed.\u2019 Among the issues contained therein was; \u2018Whether Government had complied with the \u2018Physical Planning Act (PPA)\u2019 before construction began. The parties to the litigious proceedings were; (i) \u2018Antigua and Barbuda Authority (ABBA); (ii) Development Control Authority (DCA)\u2019 [Observer: August 3, 2018].<\/p>\n

INJUNCTIVE RELIEF<\/p>\n

That which has been among other observations by the \u2018British Law Lords, was the question of Law\u2019 [Section 17: Physical Planning Act (PPA)\u2019 mandated that due process shall be followed. Satisfied with the judicial approach of \u2018Her Ladyship Justice Rosalyn E. Wilkinson\u2019 who initially granted \u2018Injunctive Relief\u2019 to the appellants, the \u2018Law Lords,\u2019 not only observed, but may also have given consideration to the legal-thought-process of \u2018Her Ladyship,\u2019 wrote; \u2018Wilkinson J, noted this provision\u2019 [Paragraph 51: No. 6 of 2003].<\/p>\n

AFFIRMATIVE ACTION<\/p>\n

Unlike the communities of; (i) \u2018Old Road,\u2019 where residents had raised concerns over the environmental destruction of the \u2018Mangrove\u2019 landscape at Carlisle Bay\u2019 for expansion of a tourist resort; and (ii) Residents of Bendals, harbored fears that the bridge linking the community to other communities was said to be under imminent threat of collapse,\u2019 and took \u2018Affirmative Action,\u2019 with concerns for the environment, two residents of Barbuda resorted to the \u2018Judiciary.\u2019<\/p>\n

ALDIN CRUMP: EXTREME PRESSURE<\/p>\n

From professional duties, in their numbers and defiance, they blockade of roadways. Then \u2018Town and Country Planner and Chief Executive Officer, and now \u2018Board Member of \u2018DCA,\u2019 Aldin Crump, came under extreme pressure by; (i) \u2018The \u2018Old Road\u2019 community; and (ii) Verbal wrath of \u2018Environment activist James Kublai\u2019 Mannix.\u2019\u00a0 A \u2018Town Hall,\u2019 meeting at the \u2018Old Road Government Primary School,\u2019 to ventilate the residents\u2019 concerns and feeling, ended in chaos and confusion.<\/p>\n

BLOCKHEADED AGENTS<\/p>\n

Though not necessarily in endangerment of physical harm, \u2018Precautionary Measures\u2019 necessitated \u2018VIP Protection,\u2019 for then \u2018Prime Minister, Sir Lester B. Bird KCN.\u2019 He was advisedly, whisked away from an environment, that had nothing to do with \u2018Ecological Destruction.\u2019 These were often occasioned, when public administrators and \u2018Block-headed Agents\u2019 of the State or public bodies or authorities, refused to hear the concerns of those providing them with \u2018Privileged Positions.\u2019<\/p>\n

INSTITUTIONALIZED INHERITANCES<\/p>\n

Factually, most of the citizenry have highly regarded this judicial institution as their \u2018Apex Court.\u2019 Constitutionally, it has been part of the judicial arrangements. Though foisted upon, and the people of the twin-island nation of \u2018Antigua and Barbuda,\u2019 as has been the \u2018Jurisprudential Practice,\u2019 it continues to be one of the \u2018Institutionalized Inheritances\u2019 from the \u2018United Kingdom\u2019 [CO: No. 1106: November 1, 1981].<\/p>\n

RECKLESS ABANDON<\/p>\n

Therefore, none shall, with \u2018Reckless Abandon,\u2019 flout the \u2018Law.\u2019 None shall also not be allowed to do so with impunity. The commentary further looks at the recent \u2018Judgement\u2019 delivered by the \u2018Judicial Committee of the Privy Council (JCPC)\u2019.in favor of Barbudan aggrieved residents, litigants and appellants, \u2018John Mussington and Jacklyn Frank.\u2019 In the Litigious Fiasco\u2019 the \u2018CEO\u2019 was not alone.<\/p>\n

COMPOSITION OF AUTHORITY<\/p>\n

The \u2018Judgement\u2019 of the \u2018London Privy Council\u2019 seeks to guide the better understanding of the functions of the \u2018DCA Authority.\u2019 It speaks to, inter alia; (a) \u2018The apparent peculiar issuance of a \u2018Development Permit\u2019 to the \u2018Government of Antigua and Barbuda; (b) By the \u2018Government\u2019s agency, the \u2018Development Control Authority (DCA).\u2019 Instructively, the \u2018Composition of the Statutory Authority\u2019 of the \u2018Development Control Authority (DCA)\u2019 is one of \u201811-members.\u2019<\/p>\n

MEMBERS OF AUTHORITY<\/p>\n

The \u2018Members\u2019 include a \u2018Chairman,\u2019 identified in the persona of; (I) \u2018Maurice Merchant: (ii) The Town and Country Planner; (iii) The Director of Public Works, Aldin Crump; (iv) The Chief Health Inspector; (v) The officer in charge of the Lands Division; (vi) The Chief Lands Surveyor; (vii) The Director of Agriculture: (viii) The Chief Environment officer Dianne Black-Lane; and (ix: x & xi); Three other knowledgeable persons, not holding public office and appointed by the Minister\u2019 [Physical Planning Act: No.6 of 2003: First Schedule: 2 (1)].<\/p>\n

FUNDAMENTAL BREACHES<\/p>\n

While the \u2018Authority\u2019 seemingly \u2018snoozed,\u2019 the \u2018DoE\u2019 sought to keep the \u2018DCA\u2019s CEO\u2019 wide awake. Having observed \u2018Fundamental Breaches\u2019 by the \u2018Development Control Authority (DCA),\u2019 factually; frankly and brutally,\u2019 a letter purportedly dispatched from \u2018Chief Environmental officer, Dianne Black-Layne.\u2019 unambiguously states; \u2018The Department of Environment had been able to observe that; (a) \u2018The work had been well-advanced; and (b) Many of the negative environmental impacts had already occurred\u2019 [DoE: November 28, 2017: Paragraph 16]. Such information may have been acute consideration by the \u2018Law Lords.\u2019<\/p>\n

APPELLANTS\u2019 CONCERNS<\/p>\n

The \u2018Appellants\u2019 appeared particularly concerned about the impact on; (I) \u2018The environment; (ii) Archaeology; (iii) Hydrology; and (iv) Biodiversity of Barbuda\u2019 [Paragraph 14]. While people seemed confused, the \u2018UKPC Law Lords,\u2019 have stated the primary reason for the proceedings. Simply put, the Law Lords intimated that it was due to; \u2018The Respondents failure to adhere to the \u2018Rule of Law\u2019 [Paragraph 55].<\/p>\n

STRUGGLE FOR JUSTICE<\/p>\n

Well known for its rationalized-thought-out \u2018Civil and Criminal Judgments,\u2019 the \u2018JCPC,\u2019 has impacted litigants, more as a judicial institution to be been seen more as the \u2018Bastion of Hope.\u2019 This was particularly the case, for a great many people that have always been forced under constant \u2018Struggle for Justice\u2019 from both; (I) \u2018The \u2018First Instance; and (ii) The Intermediate Courts.\u2019<\/p>\n

FIGMENT OF IMAGINATION<\/p>\n

It may have been seen today, that litigants across the region, continues to fight for \u2018Natural Justice,\u2019 have seen a jurisprudential practice, that brings nothing but horror and misery. Whether for reasons of; (a) \u2018Self-misdirection; or (b) Figment of Imagination,\u2019 the three-panel-Judge, comprising; (i) \u2018Chief Justice Dame Janice Pereira DBE, LLB; Justices of Appeal (ii) Mario Michel; and (iii) Paul Anthony Webster\u2019 sided with, the \u2018Judiciary\u2019s counterpart, the \u2018Executive,\u2019 and ruled in favor of the \u2018Development Control Authority (DCA).\u2019<\/p>\n

LAW LORDS: PROBING WRATH<\/p>\n

Instructively, the agency, the \u2018Appellants appeared not to have qualms with, may have been the \u2018Department of the Environment (DoE).\u2019 The agency may have been unresponsive to letters purportedly penned to it for disclosure of information. However, sourced, this may have been the information that may have exposed the \u2018Development Control Authority, Town and Country Planner and Chief Executive officer, Frederick Southwell, as well as Leading Legal Team Attorney, Dr. David Dorset\u2019 to the \u2018Probing Wrath\u2019 of the \u2018Law Lords.\u2019<\/p>\n

STATE TO ITS LAW<\/p>\n

Through their attorneys, they have \u2018Convincingly and Persuasively\u2019 moved the \u2018British Law Lords;\u2019 (I) \u2018Patrick Stewart Hodge; (ii) Phillip James Sales; (iii) George Andrew M. Legatt; (iv) Andrew Stephen Burrowes; and (v) Colin Boyd\u2019 to see that which, individually, those supposedly with superior legal knowledge appeared too \u2018Blockheaded a Mule,\u2019 to comprehend. For these indigent litigants\/appellants, they have boldly and bravely sought, and fought successfully in subjecting the \u2018State to its own Law.\u2019<\/p>\n

JUDICIALLY GRAVITATED<\/p>\n

This was made clear, when, in instituted litigious proceedings, his \u2018Law Firm,\u2019 through an associate, Dr. David Dorset,\u2019 humiliatingly lost a \u2018Court Battle\u2019 to Barbudan residents; (I) \u2018John Mussington; and (ii) Jacklyn Frank\u2019 [ANR: August 26, 2018]. Incidentally, when \u2018former High Court Judge, Her Ladyship, Justice Rosalyn Wilkinson,\u2019 allowed the residents\/litigants\/claimants a judicial hearing, the \u2018Court,\u2019 in fact showed that the learned Justice had \u2018Judicially Gravitated\u2019 to the concept \u2018Natural Justice.\u2019<\/p>\n

ADMINISTRATIVE BEHAVIOR<\/p>\n

When the \u2018Court\u2019 initially granted; (I) \u2018The injunction, it may have been a relief; and (ii) When it judicially recognized their \u2018Standing,\u2019 it allowed for \u2018Judicial Review Claim.\u2019 They had \u2018Challenged\u2019 the \u2018Administrative Behavior\u2019 of; (a) \u2018Town and Country Planner and Executive Officer; (b) The Development Control Authority (DCA); and (c) The Antigua and Barbuda Airport Authority.\u2019<\/p>\n

INJUNCTIVE RELIEF<\/p>\n

However, appetizing it may have been on stewed \u2018Barbuda Red-Footed Tortoise or Fallow Deer,\u2019 the \u2018Injunctive Relief,\u2019 never lasted as long as the smallest bottle of \u2018Suzie Hot Sauce.\u2019 There may have been sufficient of these wild-life animals for even their sustenance, had they not allowed for the environmental destruction. Incidentally, the \u2018DCA Board, knew, or would have been reckless not to know that the \u2018Government,\u2019 as \u2018Developer\u2019 of land on Barbuda,\u2019 held a \u2018Development Permit.\u2019<\/p>\n

COLLECTIVE RESPONSIBILITY<\/p>\n

The \u2018Board Membership\u2019 also knew of its issuance by the very agency they had \u2018Collective Responsibility.\u2019 They may also have been reckless not to know, they too, were not adhering to the \u2018Rule of Law.\u2019 Using the services of \u2018Watt and Associates,\u2019 at the \u2018Intermediate- St. Lucia-based level-Eastern Caribbean Court (ECSC),\u2019 argued successfully and persuasively to have the \u2018Judicial Decision\u2019 of the \u2018Court of First Instance\u2019 reversed.<\/p>\n

JUDICIAL REVIEW<\/p>\n

When two \u2018Barbudan\u2019 residents took the unprecedented stance in causing the \u2018Judiciary\u2019 to be visited upon the construction of an airstrip on the \u2018Sister Isle-Barbuda,\u2019 both litigants; (I) \u2018John Mussington; and (ii) Jacklyn Frank\u2019 applied to \u2018High Court of Justice\u2019 for \u2018Judicial Review.\u2019 They had raised several issues, including affects the behavior of the \u2018Development Control Authority (DCA)\u2019 respecting the construction of a private airstrip, amidst controversies environmental concerns.<\/p>\n

DEVELOPER: PRIVATE OR GOVERNMENT<\/p>\n

That which was nationally-known, was that a \u2018Leasehold on Land\u2019 by the Government to a \u2018Private Developer,\u2019 by law, necessitates the issuance to the Government of a \u2018Development Permit.\u2019 Such issuance, documentarily placed the nation as the \u2018Developer\u2019 of the \u2018Privately-Leased Land\u2019 on Barbuda.\u2019 That which these, as a collective body appeared embarrassingly unfamiliar, was the Law.<\/p>\n

APEX COURT: PRIVY COUNCIL<\/p>\n

When the \u2018Appellants caused the institution of appellate proceedings before the \u2018Apex Court, the \u2018London-based Judicial Committee of the Privy Council against the decisions of; (I) \u2018The Court of First Instance; and (ii) Court of Appeal,\u2019 it may have been for the purpose of eliminating behavior that lay persons might be inclined to associate with the instinctive behavior of \u2018Kangaroos.\u2019 The Law Lords\u2019 appeared not to have viewed the litigious proceedings as \u2018frivolous and vexatious\u2019<\/p>\n

KNOWLEDGE AND EXPERTISE<\/p>\n

Unlike the apparent insensitive and reckless judicial behavior of the \u2018First Instance and Intermediate Courts,\u2019 the \u2018UKPC Board,\u2019 neither insulted the intelligence or expertise of the \u2018Appellants,\u2019 nor sought to reduce their shared concerns to \u2018Figment of Imagination.\u2019 Consciously aware that the former possesses such scientific knowledge and expertise, the \u2018Law Lords\u2019 without circumspection or rejection, accepted that which they accepted, \u2018Appellant John Mussington,\u2019 so well-articulated.<\/p>\n

SCIENTIFIC BACKGROUND<\/p>\n

Had it not been so, the \u2018Board,\u2019 through \u2018Lord Boyd\u2019s Delivery,\u2019 may not have written in the \u2018Judgement\u2019 that which the \u2018Appellants Affidavits\u2019 guided; In particular, Mr. Mussington\u2019s; (i) \u2018Scientific Background;\u2019 (ii) His knowledge of the flora and fauna in the area; (iii) His status as a local resident; and (iv) His experience in conducting \u2018Environmental Assessment\u2019 [UKPCA: No. 0116 of 2021: Paragraph 58].<\/p>\n

SERIOUS PREDICAMENT<\/p>\n

For representations at the \u2018London Privy Council,\u2019 the \u2018Ministry of Legal Affairs\u2019 may have been gravely challenged by \u2018Staff-Competency.\u2019 Thus, it may have been faced with a \u2018Serious Predicament.\u2019 Likened to an airspace intrusion, when the military is bound to \u2018scramble Migs, the apparent \u2018Scrambled Legal Officers\u2019 would have been overshadowed by senior legal practitioners of the retained law firms.<\/p>\n

AVAILABILITY-ACCESSIBILITY TO RESOURCE<\/p>\n

Clearly, not starved for \u2018Resources,\u2019 the \u2018Availability of, and \u2018Accessibility\u2019 to the \u2018Accountant General,\u2019 saw the selection of a \u20185-Member Legal Team.\u2019 The \u2018Battery of Attorneys,\u2019 involved two State-retained \u2018Law Firms; (i) \u2018Marshall and Company,\u2019 instructed by himself; and (ii) \u2018Watt and Associates, instructed by \u2018Teacher Stern LLM.\u2019 The \u2018JCPC Judgment\u2019 has shown two \u2018Legal officers\u2019 from the \u2018Ministry of Legal Affairs.\u2019<\/p>\n

BATTERY OF ATTORNEYS<\/p>\n

The \u2018Battery of Attorneys\u2019 were to provide legal representation to; (i) \u2018The Development Control Authority (DCA); (ii) Antigua and Barbuda Airport Authority (ABBA); and (iii) The Attorney General (AG).\u2019 The legal practitioners for the \u2018Attorney General,\u2019 joinder to the proceedings, included; (i) Dr. David Dorset: (ii) Carla Brooks-Harris; and (iii) Rose Ann Kim\u2019 represented the \u2018DCA\u2019 and Attorney General\u2019 [UKPC 3: Privy Council Appeal: No. 0116 of 2021].<\/p>\n

CR\u00c8ME- DE – LA – CREME<\/p>\n

While the two legal officers may have been the \u2018Ministry\u2019s \u2018Cr\u00e8me-de- la- Cr\u00e8me,\u2019 their value to the \u2018State-retained attorneys,\u2019 may not necessarily have been of great significance. Given the litigious experience of the \u2018State-retained attorneys,\u2019 their value and status, may embarrassingly have been numerical, but still, useful \u2018Passers of papers.\u2019 For whatever the reason, the \u2018British\u2019 media appeared to have focused and highlighted more of the representation of \u2018Dr. David Dorset.\u2019<\/p>\n

DISAPPOINTING FUTILITY<\/p>\n

This may have been apparent from the \u2018Wishy-Washy Arguments,\u2019 advanced before the five distinguished and persistently probing \u2018Law Lords,\u2019 appeared not to have been sufficiently convincing. Though valiantly, yet in \u2018Disappointing Futility,\u2019 credit shall still be accorded the apparent \u2018Lead Counsel, Dr. David Dorset.\u2019 Though instructed by a London-based-attorney, \u2018Teacher Stern LLM,\u2019 he appeared to have been the attorney that, deservedly, earned for \u2018Watt and Associates,\u2019 shared \u2018Retainer\u2019s Fees.\u2019<\/p>\n

LAW LORDS: KNOWLEDGE- SHREWDNESS<\/p>\n

Litigants have often thought of some regional \u2018Justices\u2019 as \u2018Threats to Justice.\u2019 Most have reposed great confidence in the \u2018London Privy Council (JCPC).\u2019 This expression was never articulated, neither by the \u2018Appellants, nor by \u2018Dr. David Dorset: Carla Brooks-Harris; Rose Ann Kim; or Hugh Marshall Jr; nor Kema Benjamin.\u2019 The combined \u2018State\u2019 and hired Attorneys, were clearly no match for the wits or \u2018Knowledge and Shrewdness\u2019 of the \u2018British Law Lords.\u2019<\/p>\n

RAT-IN-A-TRAP<\/p>\n

The, \u2018Legal Team,\u2019 combined, appeared to have found their probing persistent and overwhelming. The apparent undaunted attorney may have fared better nibbling at a bit of cheese. The \u2018Associate\u2019 of the retained Law Firm \u2018Watt and Associates, Dr. David Dorsett,\u2019 appeared to have been caught like a \u2018Rat in a \u2018Cheese-bated Trap.\u2019 He may not have been mindful being caught in such a trap, a preference to facing the barrage of questions posed by the \u2018Law Lords.\u2019<\/p>\n

FACTS AND TRUTHS<\/p>\n

In endeavoring to elicit \u2018Facts and Truths,\u2019 it saw \u2018Lord Boyd\u2019 posing questions faster than he could provide no rationally-thought-out answers. The probing appeared to have been one guided by; (a) \u2018Compliant with law: (b) Reason; and (c) Conscience.\u2019 Seemingly, the \u2018State\u2019s Legal Team\u2019 had argued that the \u2018Attorney General\u2019 shall not be considered a \u2018proper party to the proceedings.\u2019 The \u2018Law Lords\u2019 appeared unimpressed with the advanced arguments.<\/p>\n

MOST DAMNING<\/p>\n

Among the \u2018Most Damning\u2019 of the dicta contained in the \u2018UKPC Judgment,\u2019 may have been these; (i) \u2018The second \u2018EIA\u2019 and accompanying reports had not been disclosed by the \u2018Respondents,\u2019 and were not before the Court; and (ii) They have still not been; (a) \u2018Disclosed; or (b) Made public; and (c) Were not before the Board on the hearing of this appeal\u2019 [Paragraph 20].<\/p>\n

FUNDAMENTAL QUESTION<\/p>\n

Consequence upon the need to \u2018Protect the Environment,\u2019 the enactment specifies developments for which \u2018Environment Impact Assessments\u2019 shall be required. Such includes an airport.\u2019 Given the observation of the \u2018Law Lords\u2019 of \u2018non-exhibition of the \u2018EIA,\u2019 it begs the \u2018Fundamental Question; \u2018How could a \u2018Battery of Attorneys\u2019 appear before the \u2018London Privy Council\u2019 to advance arguments without the \u2018Environmental Impact Assessment (EIA) Reports?\u2019<\/p>\n

COMMENT AND REPRESENTATIONS<\/p>\n

Seemingly, both First Instance and Intermediate Courts,\u2019 had no appreciation for these. The \u2018UKPC Appellate Board\u2019 observed. It appears that neither of the \u2018Applications\u2019 was publicized, so there was no opportunity for people to \u2018Comment\u2019 or make \u2018Representations.\u2019 It noted; A village meeting on 2, March 2018, saw application for \u2018Judicial Review\u2019 to challenge the vote for the project was refused\u2019 [UKPC: No. 0116 of 2021: Paragraph 52].<\/p>\n

RESIDENTIAL INTEREST<\/p>\n

The \u2018Law Lords,\u2019 carefully addressing the issue of \u2018Residential Interest,\u2019 left no doubt in the minds of the \u2018Appellants and Respondents,\u2019 as well as \u2018Vested Interest\u2019 people. They laid to rest that which \u2018His Lordship, Justice Webster\u2019 and the eminent \u20183-member Eastern Caribbean Supreme Court,\u2019 led by the learned \u2018Chief Justice, Dame Janice Pereira DBE,\u2019 appeared not to have comprehended or appreciated. None may deny their knowledge of law. Logic dictates that ruling on scientific issues, requires \u2018Scientific Judges\u2019 in guiding their understanding of the \u2018Environment and Ecology.\u2019<\/p>\n

DEVELOPMENT PERMIT<\/p>\n

Most vexing in their \u2018Claims\u2019 were a purported \u2018DCA-issued \u2018Development Permit,\u2019 thereby blatantly breached the statutory provisions contained in the \u2018Physical Planning Act (PPA).\u2019 That which those holding \u2018Public Office,\u2019 appeared never to have given consideration that such office signifies \u2018Public Trust.\u2019 Not infrequently, most have become slaves to those that held and wielded power.<\/p>\n

AG: PROPERLY JOINED<\/p>\n

Ensuring that they understood that the \u2018Attorney General\u2019 was \u2018Properly Joined\u2019 in the proceedings, the \u2018Law Lords\u2019 continue; \u2018The holder of the \u2018Development Permit\u2019 has clear interest in any remedy that may be imposed, if the \u2018Appellants\u2019 are successful.\u2019 The \u2018Law Lord\u2019 wrote; \u2018The \u2018Board is satisfied that the Attorney General as the nominal representative of the government of Antigua and Barbuda is a proper party to the proceedings\u2019 [Paragraph 35].<\/p>\n

PRINCIPAL LEGAL ADVISER<\/p>\n

That which little \u2018Princess Peace Xandria Browne\u2019 could teach; (i) Dr. David Dorset; (ii) Hugh Marshall Jr: (iii) Kema Benjamin: (iv) Carla Brookes-Harris; and (v) Rose Ann Kim,\u2019 is that which is contained in the \u2018Constitution Order.\u2019 The provision states; \u2018There shall be an Attorney General for Antigua and Barbuda. He shall be the \u2018Principal Legal Adviser\u2019 to the Government\u2019 [CO: 1981: Section 82]. In fact, they mall have taken instructions from his office. They may have made a better showing.<\/p>\n

CONCLUSION<\/p>\n

Undoubtedly, with or without the \u2018Environment Impact Assessment Reports,\u2019 the \u2018Law Lords\u2019 appeared not to have encountered difficulties in reaching its own \u2018Conclusion.\u2019 It was unmistakably stated in the \u2018Judgement: \u2018It is therefore, open to the Board to reach its own conclusion on the issue of \u2018Standing.\u2019 That said, that which might now be cautiously, but respectfully said, is that \u2018OECS Courts\u2019 continues to show irrationality and suspect powers of reasoning.\u2019 They have shown a particular consistency with rulings that not only has potential for public officers to flout the \u2018Law\u2019 with impunity, but also to financial grievance upon those struggling and living at the edge of poverty.\u2019 \u00a0***<\/p>\n

 <\/p>\n

 <\/p>\n

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

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