Attorney General Steadroy Cutie Benjamin has reportedly said that the High Court has dismissed a lawsuit initiated by a former Registrar of the Court, acting on behalf of two prisoners who were pardoned, and subsequently had their pardons withdrawn by the issuer of the pardons.
The Court ruled orally thatSection 84 of the Antigua and Barbuda Constitution Order 1981 vested the power of pardons of criminal convicts in the Governor General only. The recent law which permitted the Attorney General to grant pardons to convicted criminals could not supersede the Constitution; hence, the law was unconstitutional and void. The prisoners remain incarcerated.
Although the lawyer for the prisoners has indicated that he plans to appeal the High Court decision, the Attorney General pointed-out to the Cabinet that the likelihood of success would be zero. That lawyer, the Attorney General remarked, has commenced numerous suits on behalf of plaintiffs against the Government but has had a dismal success rate.
The Attorney General has indicated that the amended law, to be presented during the next sitting of Parliament, will see the creation of a Parole Board that will be charged with making pardon recommendations to the Governor General, who is in turn required (under the Constitution) to seek the advice of the Prime Minister (really, the Cabinet).
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WE KNOW THAT HE DID NOT HAVE A CASE . JUST TRYING TO GAIN FAME THROUGH TH U P P. HE HAS AN EXCELLENT DISMISSED RECORD THROUGH THE COURTS . KEEP UP THE EXCELLENT MR. TABOR. ?????
Careful little Damani don’t come at you. He and his daddy nak wan head.
CLEAR LACK OF UNDERSTANDING
Sure if you had followed these,
(a) …Parliamentary blunder;
(b) …What the legislation sought to do; and
(c) …obviously what triggered the litigation proceedings,’ you may not have been ‘…mixing oil with
water to put in a weed-wacker.’
If you wish to put something in your brain, simply read the ‘…Prison (Amendment) Act: No.17 of 2017, and specifically Section 3, the most dangerous Section that had caused the trouble for,
(i) …Governor General:
(ii) …the Minister; and
(3) …the prisoners.’
If further assistance is needed, do not hesitate to reply.
your arrogance is frightening…..smh
Johnny Harris you are woefully misinformed. The Court did not dismiss the case. The Court ruled that the Prison Amendment Act was unconstitutional. That decision was a black eye for your learned Attorney General who should acquaint himself with the Supreme Law of the land before making himself look unlearned. He also said before the matter came before the Court that what he did was correct. By the way, he neither had the power to grant a remission of the sentences or a revocation. It is quite said that an Attorney General could be making so many decisions that are unlawful and inconsistent with the Constitution. He and the entire government keep flouting the Rule of Law which requires that a government obey the law just like you and me as ordinary citizens.
So he(AG) was wrong to let them out,established fact-now you’re saying he was wrong to Re-incarcerate them . So what is it that you were hoping the courts to do? You’ll are the bright stars so just asking..
JHA I will try to help you understand the issue a little better. Yes, the AG was wrong to release the prisoners since he does not have the power to do so. That power rests with the Governor General, however, with the unconstitutional amendment to the Prison Act the AG (who should know better felt he had that power). Now to the re-incarceration. That is even worse since the AG does not have the power to send any one back to prison. He is a member of the Executive and not the Judiciary. Only a Magistrate or Judge can send someone to prison. What the AG has done therefore is contrary to the principle of the Separation of Powers. His initial action (release of the prisoners) was contrary to the principle of the Rule of Law and his second action was contrary to the Separation of Powers. The respect and adherence to both principles are absolutely essential in a democratic society. The AG breached both principles. Sad. sad, sad and for a man who is learned in the law and should know better.
The court was wrong to send the men back to prison but my constitutional motion will address that. Stay tuned.
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