{"id":25329,"date":"2019-03-30T18:52:14","date_gmt":"2019-03-30T22:52:14","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=25329"},"modified":"2019-03-31T18:04:20","modified_gmt":"2019-03-31T22:04:20","slug":"commentary-sir-rodneys-nightmare","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-sir-rodneys-nightmare\/","title":{"rendered":"COMMENTARY: Sir Rodney’s Nightmare"},"content":{"rendered":"
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By Rawlston Pompey<\/p>

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Framers of the Constitution anticipated that those who sworn and pledged Allegiance\u2019 might wish to use Her Majesty\u2019s Parliament to weaken \u2018…Her Executive Authority.\u2019 Before this happens, they specifically inserted at Section 68 these words \u2018…The Executive Authority of Antigua and Barbuda is vested in Her Majesty\u2019 [Section 68: CO: 1981].<\/strong> Just the other day two students of the Irene B. Secondary School were said to have been speaking about this and had expressed their aspirations to achieve what Sir Rodney has achieved. Not sure, whether it was the Principal or one of the educators; Oh they may have been speaking to the social commentary on \u2018…Education\u2019<\/strong> by Slinger Francisco, \u2018Mighty Sparrow. He sought to inspire learning and urged them not only \u2018…to go to school, but learn well.\u2019 He believed that if they did not, they would \u2018…catch real hell\u2019 [You Tube]. Though many may not even have heard the encouragement, many of the students knew that as well. Those of parents who had the benefit of the Governor-General\u2019s Mother Irene\u2019s tutelage, said their parents had already told them so.<\/p>\n\n\n\n

THREE\nPOINTS SERMON<\/strong><\/p>

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Dr. David Dorset, a distinguished\nattorney-at-law, formally trained in theology and a certified Pastor may have\nto deliver a special Sermon he had delivered to congregants [August 1, 2012],\nto Parliamentarians and \u2018…an affluent sickly-fellow.\u2019 The Indian media have\nidentified him as \u2018…Mehul Choski.\u2019 None may claim to be \u2018…Paragons of Virtue.\u2019<\/strong> Whatever, their sins may or may not be,\nthey may find the \u2018…Three Points Sermon,\u2019 religiously inspiring. They shall\nknow what \u2018…Thus Saith the Lord,\u2019 means. Except to state the three points,\nthere is not much to say but to Read, (i)\nThe Bible;<\/strong> and (ii) …Bills for\nEnactment.\u2019<\/strong> Point (i)<\/strong> …There\nwill be Glorious Expectations;<\/strong> (ii)<\/strong> …There will be Generous Compensation.\u2019<\/strong> Not quite sure\nwhat it means, but it sounds frighteningly different; (iii)<\/strong> …There will be Grievous\nLamentation\u2019<\/strong> [Jeremiah 31: 15-17].<\/p>

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PERSPECTIVE<\/strong><\/p>\n\n\n\n

This\ncommentary attempts to provide an understanding of the rationale for the\nenactment of, and \u2018…Assent\u2019<\/strong> to\nthat which appears to have become contentious and controversial, the result of\na \u2018…Ministerial Decision. The enactment of the highly sensitive Bill, titled\nthe \u2018…Prison (Amendment) Act\u2019 <\/strong>was\ngiven \u2018…Legislative Power\u2019 when \u2018…Assent\u2019 may have been mistakenly\ngiven,  not by the Governor-General as\nstipulated in the Constitution [Section\n52],<\/strong> but by his Deputy Sir Clare K. Roberts KCN, QC who shall (i)\n…Conform to, and observe instructions addressed to him by the\nGovernor-General; and (ii) …Shall not abridge or alter his authority\u2019 [Section 25 (2): CO: 1981].<\/strong> It also\nlooks at, (a)<\/strong> …The role of the\nGovernor-General; (b) …Depowering\namended Sections in Prison Act: [Section 212: Chapter 341];<\/strong> (c)<\/strong> …the Dangerous Section 3 in the\nAmendment\u2019 [No.17 of 2017; (d) …Appointment and role of the Deputy\nGovernor-General; as well as (v)<\/strong>\n…Certain provisional stipulations, pertinent to their role and functions.\u2019 <\/p>

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DEBATED-PASSED-ASSENTED<\/strong><\/p>\n\n\n\n

Students of those parents who\nattended the \u2018…Irene B. Williams Junior Secondary School (IBWJSS),\u2019 know that\nthe \u2018…Interpretation Act\u2019 states, \u2018…No\nenactment binds or affects in any manner Her Majesty;\u2019 or …Her rights or\nprerogatives unless it expressly stated therein that Her Majesty is bound\nthereby\u2019 [Section 7: Interpretation Act: Chapter 224].<\/strong> What may have been\nmost instructive may have been a discussion between students, one from the\nVilla Government School (VGS) and the other, the Buckley\u2019s Government School.\nBoth agreed that there may have things in the \u2018…Prison (Amendment) Act [No.17\nof 2017], that some of their parliamentary Representatives may not have known\nwhen it was \u2018…Debated, Passed; and …Assented.\u2019 With sarcasm, the \u2018IBWJSS\u2019<\/strong> student asked, \u2018…Who knows\neverything?\u2019 Then quietly and in a subtle way offered insults by saying \u2018Charles Isaac,\u2019<\/strong> nationally known as \u2018Bold Face\u2019<\/strong> had often said \u2018…When yo nah know, yo\u2019 nah know.\u2019<\/strong><\/p>

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OATH\nOF ALLEGIANCE<\/strong><\/p>

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When Sir Clare K. Roberts KCN, an honored \u2018…Queen\u2019s Counsel\u2019 and  supposedly loyal subjects as have been (i)<\/strong> …Her Majesty\u2019s duly appointed Governor-General, His Excellency, Sir Rodney Errey Lawrence Williams GCMG, KGN, MBBS; (ii)<\/strong> …Honourable Prime Minister Gaston Alfonso Browne PM, MBA, BSc; (iii)<\/strong> …Senate President Alincia<\/g> Williams-Grant; (iv) ….House Speaker Sir Gerald O. A Watt KCN, an awardee with Queen\u2019s Counsel and other Parliamentarians,\u2019 whether a mere formality or with utter sincerity, this was his subscription,  \u2018…I Clare Roberts do swear that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth The Second, Her Heirs and Successors according to LAW.\u2019<\/strong> Framers of the Constitution anticipated that office holders might become \u2018…unfaithful and treacherous,\u2019 thus, bound such \u2018…Allegiance to Law.\u2019<\/strong>  <\/p>\n\n\n\n

DIVINE\nGUIDANCE<\/strong><\/p>\n\n\n\n

Intended not to create mayhem in\nthe brain and heart, framers of the Constitution had not placed in the\nConstitution \u2018…Perils or Consequences.\u2019<\/strong>\nHowever, they knew of the creation and existence of criminal offence called \u2018…Treason.\u2019<\/strong> They also knew that which\nis commemorated yearly in this nation called \u2018…November Night.\u2019<\/strong> Most citizens may not have given though of its\nsignificance in relation to the\u2018…Plotted assignation by the notorious Guy\nFawkes and attempt to kill the reigning King of England. The consequences faced\nand the fate of the \u2018…Failed Gunpowder\u2019\n[November 5, 1605],<\/strong> caused to be visited upon himself and his band of\nplotters the penalty of death. The key words in the Oath of Allegiance are \u2018…Faithfulness and Truth.\u2019 <\/strong>These are\nfollowed by consequences of Law.\u2019 Cognizance of the serious crime of \u2018Treason\u2019\nand attendant consequences, likened to all others, hoping not to become\n\u2018…treacherous or disloyal,\u2019 he sought \u2018…Divine\nGuidance.\u2019<\/strong> Upon the subscription, before Her Majesty\u2019s representative the\nGovernor-General, in earnest he implored, \u2018…So Help Me God\u2019 [Oath of\nAllegiance: CO: Page 78].<\/p>\n\n\n\n

GOVERNOR TO\nGOVERNOR-GENERAL<\/strong><\/p>\n\n\n\n

From\ncolonialism to Associated State in Association with Britain, Her Majesty\u2019s\nRepresentative held the titular position as \u2018…Governor, \u2018now \u2018…Governor-General\u2019<\/strong> [November 1, 1981].\nBills passed in the Parliament are enforced only in the name of Her Majesty,\nQueen Elizabeth II. Such law represents \u2018…Her Majesty\u2019s\nconstitutionally-conferred Executive Authority\u2019 [Section 68]. Such authority\nallows for Her Majesty, the Head of State for the nation, \u2018…Reigns Supreme.\u2019<\/strong> Instructively, the\nexercise of \u2018…Executive Authority\u2019 is\ncontingent upon<\/strong> advice tendered by the Prime Minister, Gaston Browne PM,\nMBA, BSc, who wields \u2018…Executive\nPower.\u2019<\/strong> This is how it works. When Prime Minister Gaston Browne used his \u2018…Power\u2019<\/strong> and tendered his advice\nthrough Her Majesty\u2019s appointed Representative, Governor-General, His\nExcellency Sir Rodney Errey Lawrence Williams GCMG, KGN, MBBS to appoint Asot\nMichael as Tourism Minister, His Excellency, (i) …Acting on such advice; (ii) …in the name of, and on behalf of\nHer Majesty; (iii) used Her Executive Authority; and (iv) …Appointed Asot\nMichael as one of Her Majesty\u2019s Ministers of Government.<\/strong><\/p>\n\n\n\n

ASSENTING TO LAWS<\/strong><\/p>\n\n\n\n

Early\nin law enforcement training, then Commandant of the Training Academy, Sir\nWright Fitzhenly George KCN, CVO, QPM, CPM, had inculcated  in the minds of those then in training the \u2018…Legal Maxim\u2019 <\/strong>that \u2018…The Queen can\ndo no wrong (Latin: Rex Non Potest Peccare).\u2019 \nHe explained that as the Head of the Monarchy, without her \u2018…Executive Authority\u2019<\/strong> by \u2018…Assenting to Laws\u2019<\/strong> passed in \u2018…Her Majesty\u2019s Parliament,\u2019<\/strong> they\nhave \u2018…No Legislative Power.\u2019<\/strong> This\nmay have been evident when attempts were made to influence the severing of the\njurisprudential umbilical cord with the Judicial Committee of Her Privy Council\n(JCPC). Therefore, none may presume that Her Majesty, The Queen would suffer or\ncountenance Her Representative, Governor-General, Sir Rodney Errey Lawrence\nWilliams GCMG, KGN, QC, to engage in wrongdoings, particularly as it relates to\nHer Majesty\u2019s \u2018…rights, privileges,\ndiscretion and prerogative,\u2019<\/strong> in exercising Her \u2018…Executive Authority.\u2019<\/strong><\/p>\n\n\n\n

RECORD OF APPOINTMENT<\/strong><\/p>\n\n\n\n

There\nmay be absolutely no doubt as to the current position of \u2018…Her Majesty\u2019s\nRepresentatives.\u2019 Nationally known by Centenarians and Kindergarten students, \u2018…Sir Rodney Williams\u2019 <\/strong>has been Her\nMajesty\u2019s duly appointed \u2018…Governor-General.\u2019<\/strong>\nHe performs on behalf of, and in the name of Her Majesty Queen Elizabeth II.\nThough the Constitution sets out the reasons when a Deputy Governor General, may\nbe appointed. In the quest to find a Royal Designation, or \u2018…Record of Appointment\u2019<\/strong> of Deputy Governor General, Sir Clare Roberts, <\/strong>this was\nunsuccessful. However, Online research shows that \u2018…On 20th<\/sup> August 2014,<\/strong> Her Majesty Queen Elizabeth II,\non the advice of Her Majesty\u2019s Antigua and Barbuda Ministers, conferred Orders\nfor the appointment of Rodney Williams to the Most Distinguished Order of St.\nMichael and St. George GCMG.\u2019 <\/p>\n\n\n\n

DYNASTIC ORDER<\/strong><\/p>\n\n\n\n

Additionally,\nresearch has revealed that the most recent appointments of Her Majesty\u2019s\nRepresentative for the nation of Antigua and Barbuda appeared in the \u2018…Dynastic Order.\u2019<\/strong> It has revealed\ntwo names, \u2018…Dame Louise Lake-Tack\nGCMG,<\/strong> and Sir Rodney Williams GCMG.\nBoth<\/strong> names appeared in numerical order\n\u2018…55 [2007]<\/strong> and Number 69 [2007\u2019<\/strong>\nwere listed thereon. According to organizational and institutional rankings, no\ninferior or an unauthorized subject may give \u2018Assent<\/strong>\u2019 to any Bills other than the person appointed to be Her\nMajesty\u2019s Loyal Representative. Though the Government rest not in his hand by\nvirtue of the \u2018…Executive Authority\u2019<\/strong>\nconferred upon, and exercised by Her Majesty through the person duly appointed\nand accorded the titular status, \u2018…Governor-General\u2019\n9Section 68: CO: 1981].<\/strong><\/p>\n\n\n\n

DRAFTING CLEVERNESS<\/strong><\/p>\n\n\n\n

While\ncontroversy reigned over other national issues, \u2018…Section 212 of the Prison\nRules,\u2019 that had triggered a storm. This was due to the contentious \u2018…Eight Section;<\/strong> …Three little\nwords, \u2018…Governor- General and\nMinister,<\/strong>\u2019 appears to have been a master-piece of \u2018…Drafting Cleverness.\u2019 <\/strong>Had vigilance been employed when debating\nthe \u2018Prison (Amendment) Act, and had \u2018Section 212\u2019 of the principal \u2018Prison\nAct\u2019 [Chapter 341] was looked at, it may not have necessitated the \u2018…Forced Intervention\u2019 <\/strong>of Prime\nMinister Gaston Browne. Apart from other concerns, private\/public\/national\nconcerns, he knew that the Governor-General enjoys the \u2018…Untouchable Powers,\u2019\neither constitutionally-entrenched or statutorily provided. Rightly provided\nfrom declarations of the people of Antigua and Barbuda that the Constitution is\nthe \u2018…Supreme Law\u2019<\/strong> and that \u2018…any inconsistent law shall be void\u2019<\/strong>\n[Section 2: CO. 1981.<\/p>\n\n\n\n

LEGISLATIVE\nPOWER<\/strong><\/p>\n\n\n\n

When the enacted \u2018…Prison (Amendment) Bill-2017,\u2019<\/strong> and\nsubsequently presented for \u2018Assent\u2019<\/strong>\nthat it may be given \u2018…Legislative\nPower,\u2019<\/strong> this was what existed in the Constitution. It states for the\nbenefit of students of the \u2018…Irene B.\nWilliams Junior Secondary School (IBWJSS)<\/strong> already knew what exists in the\nConstitution and Governance. They may have been disappointed if every\nParliamentarian, the Deputy Governor-General, His Excellency, Sir Clare K.\nRoberts KCN, QC and Her Majesty\u2019s duly appointed Representative, Governor-General,\nHis Excellency Sir Rodney E. L. Williams GCMG, KGN; MBBS have critical national\nroles to play. They also knew that \u2018…The\npower of Parliament to make laws shall be exercised by \u2018Bills\u2019 passed by the\nHouse and Senate and assented to by the Governor- General on behalf of Her\nMajesty\u2019 [Section 52: CO: 1981].  <\/strong>It\nwould be understood if the Governor-General, on behalf of Her Majesty and on\nbehalf of his mother \u2018…Irene B. Williams\u2019 (deceased educator) had not\nsufficiently imparted such knowledge to the students. <\/p>\n\n\n\n

NIGHTMARE\/WORST\nFEARS<\/strong><\/p>\n\n\n\n

If for any reason or reasons his\nDeputy did not comprehend this constitutional provision, then there may have\nbeen some difficulties. For instance, if the Governor-General\u2019s Deputy thought\nor had been led to believe that a \u2018…Minister of Government, had become King,\u2019\nand \u2018Assented\u2019<\/strong> to a Bill that sought\nto depower Her Majesty, Her Heirs and Successors and Her Representative as Head\nof the Nation, this may not only have created a \u2018…Nightmare\u2019<\/strong> for Sir Rodney, but also positioned him to be seen\nas treacherous for violating his subscribed \u2018…Allegiance to Her Majesty.\u2019\nThis is premised on that which he had either (a) \u2018…Innocently; (b) …Ignorantly; or (c) …Inadvertently\u2019<\/strong>\ngiven Her Majesty\u2019s Royal Assent.\u2019 This may very well cause him what might be\nconsidered his \u2018…Worst Fears,\u2019<\/strong>\nthen he may wish to urge Her Majesty\u2019s loyal Parliamentarians to repeal the\nenactment.<\/p>\n\n\n\n

TREASONABLE\nSECTION-3<\/strong><\/p>\n\n\n\n

If\nreasonable inferences might be drawn, it could be so drawn from the apparent \u2018…Treasonable\nSection 3\u2019 of the \u2018…Assented Bill,\u2019<\/strong>\nnow an Act [No.17 of 2017]. To all intents and purposes, it states, \u2018…The\nprincipal Act is amended in Sections 3A (nowhere in the Act); …4; …5; …6; …9 and 13<\/strong> by repealing the words \u2018…Governor-General<\/strong> where it appears\nin those Sections and Replacing these words with the word \u2018…Minister\u2019<\/strong> [Prison (Amendment Act): No.17 of 2017]. Likened to\nHouse Speaker Sir Gerald and Senate President Alincia Williams-Grant, Sir\nClare, presumably acting on instructions of the Governor-General, and on behalf\nof, and in the name of Her Majesty, Queen Elizabeth II, they may not have been\naware of the provisions contained in the \u2018…Interpretations\nAct\u2019<\/strong> [Section 7: Chapter 224].<\/p>\n\n\n\n

INNOCENT OR IGNORANT<\/strong><\/p>\n\n\n\n

Clearly\nthose that appeared not to have attended the \u2018…Irene B. Williams School<\/strong> at the infancy stage may have lost\nsome golden opportunities. If they were not aware or feigned ignorance, Sir\nRodney, though not publicly, might be inclined to say, \u2018…My mother Irene, turning in her grave told him in a dream that\nthose who presided and he who assented, appeared reckless not to know.\u2019<\/strong> Before\nthe House Speaker  and Senate President\ncould say, \u2018…It has been moved and seconded that the Bill be accepted and\npassed; …Those in favor say Aye;<\/strong>\nthose against say \u2018No.\u2019<\/strong> Before \u2018Sly J\u2019<\/strong> could say \u2018…Oh my mother, Margaret,\u2019<\/strong> there was the resounding \u2018Ayes.\u2019<\/strong> Then choreographically, the\nChair would say, \u2018…The Ayes have it.\u2019 <\/strong>With\nthe \u2018…Prison (Amendment) Bill,\u2019<\/strong>\nmost, if not all the legislators, may have been innocent or ignorant of the\n\u2018.Mischief Aimed.\u2019 <\/p>\n\n\n\n

PRIME\nMINISTER AND EDUCATION MINISTER<\/strong><\/p>\n\n\n\n

The former argued that Villa is\nbetter because it has at least two Radio Stations and a Prime Minister. The\nlatter argued that Buckley\u2019s community has the brightest Minister. He is in\ncharge of Education for the entire nation. Another Villa Government School\nstudent said, \u2018…With all the education he has, my Prime Minister believes\nthat some things he has written or said, they sound more like \u2018…educated\nnonsense.\u2019 Another interjected, we are not talking about \u2018…education now, let\nus talk about the \u2018Law,\u2019 especially what it says in the \u2018…Interpretation Act\u2019\nabout Her Majesty. Another interjected that some students of the \u2018….Irene B.\nSecondary School\u2019 said that their village might not be the best, but it has\nproduced a Governor-General and has \u2018…MBBS\u2019<\/strong>\nbehind his name. Then another said my Prime Minister has \u2018MBA.\u2019<\/strong> <\/p>\n\n\n\n

STUDENTS\u2019\nDISCUSSION<\/strong><\/p>\n\n\n\n

Another interjected and said \u2018…before\nthat he was a Doctor. Still another asked \u2018…So what difference does it make?\nWell he is Governor-General and when people speak about Her Majesty they are\nalso speaking about him. What those letters \u2018MBBS\u2019<\/strong> could do? Another said with \u2018MBA,<\/strong>\u2019 the Prime Minister could use his brain and make money. An\nIrene B. Secondary School student, said with \u2018MBBS,\u2019 the Governor-General can\n\u2018…use medicine and cure people.\u2019 Another interjected, \u2018…They would still\nhave to get money to pay him.\u2019 As they discoursed, one of the students asked\n\u2018Has anyone heard of the organization called \u2018…ABCRE? They know a lot more\nabout the Constitution than most of the Representatives and Senators. Another\nasked, \u2018…What is ABCRE?\u2019<\/strong> The given\nanswer was it means \u2018…Antigua and Barbuda Constitution Reform Education.\u2019 Oh!\nOne of the students retorted; \u2018…So they want reform to change the Governor\nGeneral too?\u2019 <\/p>\n\n\n\n

POWER\nAND AUTHORITY – GG<\/strong><\/p>\n\n\n\n

The student who appeared to have\nbeen following \u2018ABCRE\u2019 responded, \u2018…Well, that is not the immediate desire; …They\nwant us to be educated on the Constitution so that when we are elected to\nParliament, we would know what the Constitution provides. For instance, a\nprovision in the Constitution states, \u2018…The\npower and authority of the Governor-General shall not be abridged, altered or\nin any way affected by the appointment of Deputy\u2019 [Section 25 (2): CO: 1981].<\/strong>\nA student asked \u2018…Who is more authoritative the Governor-General or his\nDeputy? Though this had nothing to do with \u2018ABCRE,\u2019<\/strong>\nthe student who may have been following the organization\u2019s educational programme,\nsmartly asked, \u2018…Who is more authoritative at your home, your parents or\nyou?\u2019 Oh! …Got the answer. One of the students then said the Constitution\nstates, \u2018…A Deputy shall conform to,\nand observe all instructions that the Governor-General, in his discretion may\nfrom time to time addressed to him.\u2019<\/strong> Another curious student asked,\n\u2018….Where that provision can be found? The \u2018…ABCRE\u2019 student-listener pointed\nout \u2018…Section 25 (2); [Constitution Order: 1981]. <\/p>\n\n\n\n

MIXED-UP<\/strong><\/p>\n\n\n\n

The Buckley\u2019s Government School\nstudent said, \u2018…I will tell my\nMinister so that he can educate Paul, and Saul and me Granny and all.\u2019 <\/strong>There\nmay have been a bit of \u2018mixed-up as well. The student who appeared to have been\nlistening to anything, but listening to the educational programmes of \u2018ABCRE,\u2019\ntold his schoolmate that he overheard two students, one from the \u2018…Antigua Girls High School (AGHS)\u2019<\/strong> and\nthe other from the \u2018…Christ, The King\nHigh School (CKHS)\u2019 <\/strong>speaking about someone \u2018…Very Cute.\u2019<\/strong> He may have been caught in two minds. He believed that\nthey may have been speaking about him. He also thought it could not be, since\nthe other day, one of the female students told him that he was not handsome and\nhe was not intelligent. Not sure what exactly he says, but took comfort in the\nfact that beauty or handsomeness is only seen by persons who connect at first\nsight.<\/p>\n\n\n\n

READING\nBILLS<\/strong><\/p>\n\n\n\n

He knew also what the Slinger\nFrancisco, \u2018Mighty Sparrow\u2019 had said, \u2018…Ugly man does feel like he\nbeautiful,\u2019 He appeared not to have felt that way, but decided to eaves drop.\nThe students moved away. He realized that they were only speaking about\nParliament. One of the students said, it is not \u2018…Cute People we want in\nParliament, because they passed a \u2018Bill\u2019 that they may not have read or\nunderstood. What \u2018Bill\u2019 the other female student asked? It was a \u2018Bill\u2019 to\nremove \u2018…Executive Authority\u2019 from the Governor-General so the Minister could\napply the \u2018Prison Rules.\u2019 They did not say the \u2018Bill\u2019 appeared to have been \u2018…ill-conceived;\n…skillfully and deceptively drafted,\u2019 as to have caught many parliamentarians\nsnoozing. What they would like to see, are more highly intelligent people who\nwould \u2018…Read the Bills\u2019<\/strong> to\nunderstand the \u2018Mischief that might be Aimed by Parliament, as may have been\nhidden in the \u2018…Prison (Amendment) Act [No.17 of 2017]. When asked what they\nare asked to amend.\u2019 One of the students said, \u2018…Anything they feel like\nchanging.\u2019 This could include the \u2018…Power and Authority of the Governor-General.<\/p>\n\n\n\n

LEGAL\nDRAFTSMEN<\/strong><\/p>\n\n\n\n

Well, they just cannot change\nanything, willy-nilly.\u2019 What is the meaning of that now, the student asked? In\nanswer, the other student said some dictionaries say, \u2018…doing things in some\ndisorganized and unplanned manner.\u2019 For instance, if a member of Government\nfeels that he should perform the functions of Governor-General, all he\/she\nmight just do is to tell some \u2018…Legal\nDraftsmen\u2019<\/strong> to draft a \u2018Bill\u2019 to chip of some of the Governor-General\u2019s\n\u2018…Executive Authority.\u2019 You mean legal henchmen. No Draftsmen. Would not that\nbe unconstitutional? From what \u2018…ABCRE\u2019<\/strong>\nhas been telling us, it is time for \u2018…Constitutional\nReform.\u2019<\/strong> That cannot be done \u2018…willy-nilly.\u2019<\/strong>\nLikened to the \u2018…Caribbean Court of\nJustice (CCJ),\u2019 <\/strong>the authorities have to follow the provisions set out in\nthe Constitution. Thus, if anyone wants the Governor-General to be referred to\nas another person or that person as governor-General, then they might wish to\nfollow the procedures stipulated in the Constitution [Section 47: CO: 1981].<\/p>\n\n\n\n

HATCHET\nSECTION<\/strong><\/p>\n\n\n\n

What did the Director of Public\nProsecutions (DPP) say? The news reported that he was addressing the Court\nabout matters relating to the Constitution. So Parliament passed a law and then\nturned around and says the law is unconstitutional? What utter nonsense? No! Do\nnot use the Prime Minister\u2019s word. Better to say \u2018…utter foolishness.\u2019 The\nother student said, \u2018…So you want to\nfool me too.\u2019<\/strong> Of the eight Sections in the Prison (Amendment) Act, Section\n212 could not be found in any of the Sections inserted in the amendments.\u2019 Well,\nyou may have missed the \u2018…Hatchet\nSection 3.\u2019<\/strong> So go right back to Section 3 [No.17 of 2017]. <\/p>\n\n\n\n

GOVERNOR\nTO MINISTER<\/strong><\/p>\n\n\n\n

It has five Sections to tackle,\nafter  completing that mission it was\ntold to probe the principal Act [Chapter 341], and \u2018…Where the words \u2018…Governor-General\u2019<\/strong> appears [Chapter 341],\nReplace them with the word \u2018…Minister.\u2019<\/strong>\nSo it came up on \u2018…Section 212\u2019 and used the hatchet on Sir Rodney E. L.\nWilliams GCMG, KGN, and MBBS.\u2019 The student seemed more confused and asked,\n\u2018…So the \u2018Minister is now the Governor-General, the \u2018ABCRE-taught student\nanswered \u2018No, just performing the role he used to perform. You know that this\nmight be a little complicated to explain. Suggest that you ask someone like\nAnthony Armstrong, the Director of Public Prosecutions (DPP). <\/p>\n\n\n\n

PRISON\nRULES<\/strong><\/p>\n\n\n\n

That is fine the curious student\nsaid. But one final question, what about the Prison (Amendment) Act that states\n\u2018…All references to the\nGovernor-General in the Prison Rules made under this authority of this Section\nshall be construed as a reference to the Minister\u2019 [Section 8: No.17 of 2017]. <\/strong>Who\nwanted to change that? Excuse the student\u2019s vernacular, \u2018…Dat could be a\n\u2018Cute fellow.\u2019 So when one speaks about the Governor-General in the \u2018…Prison Rules,\u2019<\/strong> the law says you must\nbelieve you are speaking about the \u2018Minister.\u2019 So when anyone speaks about the\nGovernor-General, he must believe it is the Minister. What if the Minister was\ndrunk? Even if more than \u2018…15 Grammes\u2019 were legally used, you must believe that\nhe was not \u2018fooley;\u2019 may have been just clever.\u2019 This could be problematic said\nthe student, because in the \u2018…Prison Rules,\u2019 it states \u2018…Extra remission may be granted to any prisoner by the Governor-General\non the recommendation of the Superintendent of Prison for any special service\u2019\n[Section 212: Chapter 341].<\/strong><\/p>\n\n\n\n

APPROBATE AND\nREPROBATE<\/strong><\/p>\n\n\n\n

It\nwould seem that if the \u2018Minister\u2019 now has the authority to perform the\nfunctions of \u2018…Governor-General,\u2019 it could cause some attorneys to look at\nthese concepts more closely. For neither a person with \u2018…Executive Power and\nLegislative Authority,\u2019 shall, on one hand operate as \u2018…Approbate,\u2019 <\/strong>while on the other hand as \u2018Reprobate.\u2019 <\/strong>This would be comparable to a person considering\nhimself (a) …an Accuser; (b) …appointing\nhimself as Judge; (c) …empanelling himself as Jury; (d) …finding guilt; and\n(d) …Punisher.\u2019<\/strong> Then at his pleasure and discretion, woke one morning,\nexercises executive authority by granting \u2018…Prerogative\nof Mercy.\u2019<\/strong> <\/p>\n\n\n\n

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

In\nthe parliamentary debates, many parliamentarians may have been innocently or\nunsuspectingly led down a path to embarrassment. Even so, it was the apparent\nrecklessness associated with the \u2018Assent,\u2019 that appeared to have created such\nsituation. Fairness, however, dictates that it is known of \u2018…Leave of Absence\u2019<\/strong> of Parliamentarian Samantha Marshall,\nattorney-at law, who for personal reasons had missed the sitting. Without the\nbenefit of reading the principal Prison Act [Chapter 341], the \u2018…Omission of Section 212 relating to the Prison Rules,<\/strong>\u2019\nappeared to have caught even House Speaker Sir Gerald Watt KCN, QC, just above\nthe knees.  \u2018…Section 212\u2019<\/strong> has not been included anywhere in the \u2018Bill\u2019 to\namendthe principal Prison Act [Chapter 341].<\/strong> A carefully\nconceptualized \u2018Bill\u2019 apparently \u2018…Drafted\nwith Intent to Deceive,\u2019<\/strong> and did deceive has \u2018…caught super bright legal\nscholars,\u2019 either with their pants or Skirts, just above or below their knees.\nThe \u2018deception\u2019 appeared to <\/strong>had\ncaught two former Attorneys General; House Speaker, Sir Gerald O. A. Watt KCN,\nand Queen\u2019s Counsel; …former Attorney General (Antigua\/Montserrat\/British\nVirgin Islands), and Senator, now Deputy Governor-General, His Excellency Sir\nClare K. Roberts KCN and Queen\u2019s Counsel and Senate President Alincia\nWilliams-Grant and attorney-at-law. By virtue of their respective offices, each\nhad subscribed to the \u2018…Oath of Allegiance and the Oath of office.\u2019 <\/p>\n

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

By Rawlston Pompey Framers of the Constitution anticipated that those who sworn and pledged Allegiance\u2019 might wish to use Her Majesty\u2019s Parliament to weaken \u2018…Her Executive Authority.\u2019 Before this happens, they specifically inserted at Section 68 these words \u2018…The Executive Authority of Antigua and Barbuda is vested in Her Majesty\u2019 [Section 68: CO: 1981]. Just […]<\/p>\n","protected":false},"author":3,"featured_media":7739,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-25329","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-columns"],"yoast_head":"\nCOMMENTARY: Sir Rodney's Nightmare - 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-sir-rodneys-nightmare\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Sir Rodney's Nightmare\" \/>\n<meta property=\"og:description\" content=\"By Rawlston Pompey Framers of the Constitution anticipated that those who sworn and pledged Allegiance\u2019 might wish to use Her Majesty\u2019s Parliament to weaken \u2018…Her Executive Authority.\u2019 Before this happens, they specifically inserted at Section 68 these words \u2018…The Executive Authority of Antigua and Barbuda is vested in Her Majesty\u2019 [Section 68: CO: 1981]. 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