ASW constituents’ legal challenge to MP Smith’s ‘Independent’ status begins on Tuesday

I’m so pleased that it is the actual voters in the All Saints West that is pursuing this case through legal avenues.

More democratic power to them.

Even though this is merely the first step in challenging Anthony Smith because he walked away from the constituents that voted for him, it’s an important and groundbreaking one.

ABLP cannot mention anything about sour grapes from opposition members, when it’s the voters taking a firm stand in regards their wasted votes.

Furthermore, if you also look at the time and taxpayers money that was wasted (and which the country can ill afford) on canvassing, advertising, and not forgetting that the voting public in ASW took precious time out to vote.

I’ve said it before, and I’ll say it again, that what Gaston Browne and Anthony Smith has done was unprecedented; and you’ve only got to look at the fact that if Smith had lost in ASW, Browne would have had NOTHING to do with him. Fact!

I BELIEVE THIS IS A LANDMARK CASE, AND ALL VOTERS RIGHTS IN ANTIGUA IS NOW AT STAKE.

Next: A LEGAL CHALLENGE TO THE DOWNRIGHT QUESTIONABLE “RESULTS” OF THE UPP CONVENTION.

Too much bobul shenanigans and corruption

Chairman vote before Leader vote
Since when??

No transparency

The “constituents” ain’t challenging shit!!

It’s stupid UPP and Gisele got her feelings hurt. Not the football loser Barbara Coates thinking she actually stands a chance in politics lol 😆 🤣 😂

Pringle set to unveil the football loser with the other 9 clowns 🤡 🤣 😂

This case will be dismissed. A frivolous case. Only the poles can change the outcome.

@ V for Vendetta, please read the first two paragraphs again. I implore you. Maybe if you took time to read the whole piece, it’ll help you to understand why this legal action is taking place.

READ DE SOMETING GOOD NAH!

ABLP and Gaston Browne supporters showing their low IQ’s once again …

Simply read the Constitution and it is crystal clear that this is a frivolous case. Justin Simon was AG when Trevor Walker, not a member of the UPP, but an independent BPM MP, was appointed to the Spencer government. So right then but wrong now.

Here we go again….using the voters as pawns. Notice no names of the three voters who are challenging the MP resignation were named.
If the party is suing they ate suing…why hide behind the little man again. It would be all good it the MP had just resigned and stay silent in the parliament.
Wondering if Barbuda going to sue next…they voted for Trevor Walker not THE UPP and he swore secrecy to the UPP.
THE PEOPLE AWAIT THE OUTCOME OF THE CASE.

Every single word used here proves the opposite of what UPP would like to prove.

“he was sworn in as a minister in the Gaston Browne-led Cabinet, effectively becoming a member of the Antigua Labor Party Administration.”

Being a member of the cabinet does not mean you are a member of a certain political party.

They are completely different things that attorneys should know are different. A member of a political party is not automatically a member of the cabinet, and a member of a cabinet is not automatically a member of a certain political party. UPP argument failed here.

“Oath of allegiance to the executive branch of government” does not mean you have sworn an allegiance to a political party but instead affirming your allegiance to the proper governing of the country and not loyalty to a party. UPP argument failed here.

The issue here may be standing. Do, the 3, members of the constituency have standing? Nope.

At all times, a candidate and elected MP have the right to become independent as provided by the constitution.

The requirement for standing varies but most courts consider the following elements:

Injury in fact: The plaintiff must have suffered an actual or threatened injury to a legally protected interest. All candidates are allowed to become independent and work with any party as an independent candidate for the betterment of his or her jurisdiction and career betterment. This is a constitutionally protected right of the candidate. In which not even a voter can stop.

Causation: The injury must be caused by the named defendant, not a third party. No injury can be proven here.

Redressability: A favorable court decision must likely redress the injury. Again, the MP have the right to be independent; even when acting in concert and similar to other political parties but for the betterment of his jurisdiction in his SUBJECTIVE VIEW. (Show me evidence he has joined that political party, registration within that political party, sworn allegiance to that political party). Even attending meetings of the political party that he is being accused of being a part of would not be sufficient to show he has committed to and is part of that party.

Does he hold himself out to be a part of that party (political party and we are not talking about cabinet, as that is not a political party but a level of government that the law encourages any person with the appropriate expertise, as believed by the appropriate government officials, could be made part of)

When a plaintiff lacks standing. The case is nonjusticiable and must be dismissed, as should occur here.

Nothing the MP did at this time that I have seen on the news could be considered by themself or in the totality to be evidence of him joining A POLITICAL PARTY AND NO LONGER AN INDEPENDENT MP.

The constitution encouraged dissent and also encourages, equally, working together, even if you are not together. Litigation like these can be tremendously dangerous to a country and the constitution.

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@Dav…This is frivolous but not the one concerning Shuggy? I did not hear you say that then. This is an important case and I hope Smith loses. You cannot just walk away and hold on to the power people give to you.
I hope he loses so that no one ever tries that again.

Harold Lovell ( live in Buckley ) and there are other high profile UPP members that live in ALl Saints West. Our system of government allows one to become an independent member of parliament. The difference between Smith and Walker is that Smith ran on UPP ticket, then became independent and now is aligned , voting with and holds ministerial off in the ABLP administration. The constituents of All Saints west voted him into office as a UPP candidate.
Walker in the other hand was voted into office as a BOM candidate. He remained the leader and represented the BPM throughout his tenure in Parliament. The BPM party has always aligned itself with the UPP party. They speak on each other platforms . Trevor Walker spoke at the UPP convention. In other words they knock one head .
The problem is really that the people of All Saints West chose him as the UPP candidate over the ABLP candidate. The law or constitutions were never consulted by Anthony Smith that he was leaving the UPP and will aligning himself with the ruling party. Personally I think he should have resigned resigned from parliament completely and let’s have a by-election. It must be noted that PM Gaston Alphonso Browne has declared that Anthony Smith will be the ABLP Candidate for ALl Saints West in the next general elections.
What is needed here is for a constitutional reform, whereby the constitutional reform, that will allow the people to have a recall. Not only for situations like this but for none preforming representatives. Which is also the case in point of Anthony Smith at this time. He is literally afraid to face the constituents and is completely absent. He cannot walk in the constituency alone or visit by himself. This is because he was never a people person, or community activist. Anthony Smith did nothing to win the seat in All Saints West. He won by default. Michael Browne had lost touch with the people. Hence the people of All Saints West voted him out of office.
In Antigua there are people who just get up and run for political office without any background in community service. They are basically unknown until they become a party candidate. A good example of someone that was a community activist, and was involved and entrenched and still is in his community is Hon.Chet Greene. He don’t have to force himself to meet with his people , to socialize with his people.
I cannot point out another politician right now that has that level of community involvement. The only other I can think of is the Hon. Gaston Brownie- which is still a far distance from Chet as a community man. Hon.PM Spence was also that type of community person. He only lost to the Lazy guy because of a political swing, across the country. Similarly Chet almost lost to Cleon Athill because of a political swing against ABLP in the last general elections. Also the way Gaston conducted himself during the last election was awful. He almost caused the ALP the election.

Isn’t it funny how this news item CLEARLY highlights that it’s the All Saints West constituents that has brought this justifiable legal case to the courts; and yet there are still disingenuous commentators that are blatantly ignoring the whole crux of this groundbreaking legal action.

The ASW constituents voted to elect Anthony Smith as their UPP representative at the time. No ifs, no buts, and no maybes …

There can only be two outcomes:

1- The All Saints West “3” win and the democratic process continues in Antigua & Barbuda for the foreseeable future

Or

2- They lose the case, which will open the door to other similar devious political plots and meandering, to allow any political party – or leader – to circumvent legitimate votes to pave the way for one-party state

THE VOTING PUBLIC MUST NEVER AGAIN BE DISCARDED IN THIS UNDEMOCRATIC MANNER – AND MANY WANT JUSTICE TO BE SEEN TO BE DONE.

Yes @Dave Ray – “Only the poles can change the outcome.” Especially the poles which you swing on, on the stage during your drag show. The People will definitely go to the POLLS and regain control of their destiny out of the hands of the crooks in parliament.

@Brix. Well said sir..

This case can even be considered a fraud case, because certainly some serious bamboozling has occurred her in this case of MR Smith swindling the people out of their votes to gain power and joined the another party that the voters clearly didn’t want representing their constituency.

There is something called honesty and decency, and those very to things has been perverted here, so rightfully so the people who put this fool in power certainly has the right to recall their votes.

Those who are saying that no laws or the constitution was perverted in this case, are morally blind at best.

This is pure deception from MR Smith, and it shouldn’t have happened or allowed to be happened in any democratic society.
Plain and simple..the people voted for you in winning numbers because of the policies of the political party you represented, diverting from those policies by joining another party, has betrayed that trust..

So this man is a fraud, and the votes must be recalled, simple.

@Zackie & @Pole Dancer
Shuggy’s case didn’t happen because he had resigned prior to the court’s ruling. That’s a moot point.
Again, I repeat, this is a frivolous case, going nowhere.
To the pole dancer comment, your IQ is obviously low if this is your level of discourse in a conversation of this significance. My pole-dancing at least, demonstrated my great skill level. What’s your talent? It’s certainly not communicating.

Yes @Dave Ray – dance! Dance! Dance baby dance, ‘cause, there’s a thousand parts which you play. So dance, skin it out, on de Iron Pole. “Only the poles can change the outcome.” Especially the poles which you swing on, on the stage during your drag show. The People will definitely go to the POLLS and regain control of their destiny out of the hands of the crooks in parliament.
What communication skills are you referring to? Waddling in mud, as the political prostitutes like you do. Boi, keep greasing that chrome political pole and slide your ass up and down it.