COMMENTARY: Bacchanal In Parliament – Act Of Confusion

Rawlston Pompey

The nation- ‘Antigua and Barbuda,’ from space, represents almost an invisible dot. On Earth, and within the community of nations, it is a nation with its own ‘Sovereignty and ‘Parliamentary Democracy.’ Geographically, it is located in the ‘Sea of the Eastern Caribbean.’ It has an area of some ‘108 Square miles and census-population of some ‘100, 000 people. A nation experiencing impoverishment, among the world’s populations, it has the friendliest people, peace-loving and law-abiding.

MODERN CIVILIZATION

As it was in ancient civilization, so it continues in ‘Modern Civilization.’ Though some people appeared enlightened, well-schooled, highly educated and degreed, frequently they were to be seen exhibiting behaviors far removed from human civilization. Some behavioral exhibitions speak to aggressiveness; hostility; ‘Animosity and Acrimony.’ Such traits are not peculiar to any one civilized society. Research has revealed that in nations where governance is all about communism, totalitarianism or authoritarianism or ‘Mob or Criminal Gang Rule,’ as opposed to the democratic ‘Rule of Law,’ has brought upon the law-abiding perilous consequences of all kinds.

SEEDS OF DISCORD

Relate to the membership of legislative bodies, where ‘Seeds of Discord’ are sown and allowed to fester and grow on biasness and partiality, those that have never managed organizations with ‘Statutorized Codes of Conduct,’ often found themselves in ‘Monkey Pants.’ When so found, decisional rulings often produced negative reactions, particularly if those so aggrieved were given reasons so to feel. Even in ‘Parliamentary Democracy,’ some decisions and some behaviors must attract consequences proportionate to the Rules infringed or the Orders disobeyed. None may deny that such is necessary to ensure orderliness within the ‘Sacred Institution’ called ‘Parliament.’ Be it sideways or cross-way, to the ‘Chair’ respect flows up, and from the Chair, the same shall flow down, again, side-ways or cross-ways.

DRAMATIC AND PUNITIVE CONSEQUENCES

Though it may not have been officially-sanctioned or arranged, an occurrence within the bicameral ‘Chambers of Parliament,’ could not be considered a pre-event to the national summer festival called ‘Carnival.’ Though not necessarily that often associated with the festival, there was ‘Bacchanal in the Chamber’ during a meeting of the House of ‘Representatives.’ This occurred while the parliamentary membership met to revisit the controversial and contentious; ‘Criminal Prosecutions Service Act (CPSA),’ now called the ‘Act of Confusion’ that seemed to have resulted in ‘Dramatic and Punitive consequences.’

PUNISHMENT WITHOUT MOTION

Today, though the voice of the ‘House Majority’ was only heard saying ‘AYE,’ the apparent vengeance-like voice was that of the indomitable ‘House Speaker, Sir Gerald Anderson Watt KCN, KC,’ with pleading insistence of ‘Members of the Government (Video), that ‘Action’ be taken against a then apparent recalcitrant Member of Parliament, Asot Michael.’ Incidentally, fingered in the ‘Parliamentary Drama’ had been among the membership of both ‘Lower and Upper Houses.’ Those videographed as among the instigators of subtly disorderliness,’ were easily identified Members; (i) Asot Michael: and (ii) Steadroy ‘Cutie’ Benjamin.’

ACT OF CONFUSION

The latter, ‘Principal Legal Adviser to his Government, had moved a ‘Bill’ to amend the contentious Sections, depriving the Police of ‘Functional Authority.’ Such deprivation appeared to have been observed by Members with ‘non-legal background’ [CPSA: Section 27 (2): No. 28 of 2017].’ Though not necessarily by ‘Unanimity,’ with no ‘Motion’ put to the ‘House for consideration by the membership, ‘House Speaker,’ appeared transfixed on ‘punishment, put the ‘Punishment’ to the House. Before the ‘apparent dumb-founded Members could ask ‘Whose punishment, ‘Asot or Gerry?’ likened to the ‘Crucifixion of Jesus Christ,’ treachery or acrimony, the Majority, voted the stipulated ‘3-Meetings Suspension for Asot’ [ANR: YouTube Video].

DEPRIVATION OF AUTHORITY

Likened to other nations, it has many challenges- some economic and some with activities, bothersome to; (i) ‘The law-abiding, hapless, helpless and defenceless people; (ii) Public administrators no exerting pressure upon Law enforcers to end the ‘Criminal Spree’ being currently enjoyed by criminals, so as to bring immediate respite to the citizens. That which is equally as important to ‘Law enforcers’ is to give make Legislative Restitution’ of the apparent wanton and reckless ‘Deprivation of Authority,’ necessary to bring ‘robbers; rapists and gunmen to criminal justice. In spite of the economic challenges, there have been evidence of; (i) ‘A controllable growing culture of youth violence.’ There exists an otherwise tranquil and stable society and an enabling socializing environment and spectacular sceneries and beaches, ideally attractive to tourists and visitors alike.

DEMAGOGUERY OR DEMOCRACY

The nation, founded upon certain principles, practiced a ‘Parliamentary Democracy,’ that in recent years speaks to ‘Demagoguery’ than of ‘Democracy.’ Though social commentator, Sir Paul ‘King Obstinate’ sings; ‘In my land, I can attack the Government: and …Tomorrow walk through the Parliament.’ To glean an understanding of the concept ‘Democracy,’ is to listen to the lyrical content of the social commentary ‘Land of Democracy’ [1985: Land of Democracy: You Tube]. Today, not even ‘Members of the House,’ can attempt to do that. Not even over the dead body of ‘Sir Gerry.’

PARLIAMENTARIANS TO DEMAGOGUES

Whatever the intent, none can attack ‘Sir Gerald’ so long as he holds ‘Parliamentary Authority’ vested in the parliamentary position of ‘Speaker for a ‘House,’ with members seemingly transformed from ‘Parliamentarians’ to ‘Demagogues.’ It might safely be said that when the history of the ‘Police Service’ and the ‘Legislative Behavior of Parliamentarians,’ would have been recorded, for the benefit of knowledge of posterity, they will have read of occurrences, neither in harmony with unity and ‘Parliamentary Democracy.’ Some might be seen as; ‘intriguing and appalling; some that speak to despicability, while some might be seen as divisively-orchestrated and provocatively annoying.

TRANSFORMATIONAL CHANGE

The ‘Lower Houses of Parliament,’ seemingly being widely viewed by the law-abiding people, as fast transforming into ‘an incubator for societal violence and lawlessness. Moreover, the religious community saw its Chambers being used for ‘Bureaucratic Bullying,’ with non-observance and compliance with the ‘House Standing Orders-2020.’ Dissatisfied with certain rulings of the ‘Chair,’ aggrieved Members, and by extension, members of the wider society as being; (i) ‘Pregnant with biases and partiality; and (b) A Parliament that responsible citizens have expressed firm belief, requires ‘Transformational Change’ from being used as a ‘Bureaucratic Bullying Chamber’ to one that may engender respect and decorum among the parliamentary membership in exchanges with the ‘Speaker of the House.’

NUMERICAL VALUE

The annals of history may not correctly show that in the most recent sitting of the ‘House of Representatives,’ preceding the parliamentary, after Religious Leader of the denominational Salvation Army, Captain Maxam,’ invited the ‘Divine Presence’ of the Lord,’ in the ‘Temple of the Devil.’ There was peace, as there was quietude. Though not necessarily a place for, and of ‘Divine Service’ to the Lord, it was a place to provide ‘Legislative Service to the nation and the common good of the people and the ‘Rule of Law.

ACRIMONIOUS VENGEANCE

There had been reverence, as there was solemnity. There was enmity, as there was evidence of disunity and disharmony.’ All these represents not only ‘Poor Democracy,’ but also ‘Sheer Hypocrisy.’ There were expressions, clearly starved of respect for the ‘Chair,’ as there was a ‘Chair,’ that to some members, speak to ‘an Argumentative Mentality.’ That which also appeared to some Members, seemed capable of being described as vexatious to the ‘Spirit of man, as to offend parliamentary decorum, unity and harmony.’  There was banality, as there was frivolity, evidenced by animosity and actions that speak to ‘Acrimonious Vengeance’ (coined for this commentary).

VOTES IN IGNORANCE

That which might also recorded in the historical annals, may be the apparent bullying tactics and domineering behavior of some ‘House Speakers.’ There have also some Members; Senate Presidents and some ‘Numerically-Valuable’ and docile’ Senators. With or without ‘Motions’ properly put to the ‘House’ for a ‘Vote,’ these are among the ones that shall say ‘AYE.’ These are the ‘Ayes Men and Women.’ Some see no wrong; hear no wrong, and because they have considered themselves ‘Minions,’ nothing is ever wrong. They knew not it was wrong for the ‘Chair’ to have appeared to ‘Coercively Bullied’ (coined), them out of their ‘Reluctance’ to cast votes in ‘Ignorance.’ Some ‘Members’ are ‘Threat to Parliamentary Democracy.’

PARLIAMENTARY CONSEQUENCES

Though his behavior could never have escaped ‘Parliamentary Consequences,’ ‘Suspended Member of the House of Representatives, ‘Asot Michael’ appeared to have offered more to the parliamentary debate, than of many that sat like ‘Dummies’ in their seats as ‘Lame Ducks’ chickens,’ not fit for human consumption or Barbecue Grills.’ While Members shall have and show respect to the ‘Parliamentary Chair,’ such ‘Chair’ shall create enabling environments conducive to the exhibition of ‘Parliamentary Discipline; Compliance and good order of the House.’

INCUBATION IN PARLIAMENT

Such ‘Coercive Bullying,’ when seen to have been ‘Incubated in Parliament,’ and practiced for the Youth population and the citizenry to see, not only has the potential for overflowing into educational institutions, but also in permeating the wider society. Those in disagreement with these assertions, may invite attestations from ‘Principals; (i) ‘Dr. Collin Green: (ii) Foster Robert; and (iii) Ashworth Azille; (iv) Former Principal Denise Mills and Director of Education.’

Certainly, had they familiarized themselves with ‘House Standing Order,’ they may have quietly requested a ‘Butcher’- not just any ‘Butcher;’ a ‘Market Butcher’ that removes ‘Cattle Tongues,’ to remove quarter- of- an ounce of their tongues. That Order says; ‘…A member shall move a Motion for Suspension’ [HSO: No. 50 (7)].

SQUARE PEGS – WRONG HOLES

Those that manage organizations or public affairs, are usually challenged with positioning or assigning Staff. Not infrequently, ‘Square Pegs are placed in ‘Wrong Holes.’ Frequently, systems where incompetent and inefficient people are assigned, have caused more embarrassment as obtained in some ‘State’ institutions. Some given privilege positions, were known to have become ‘Organizational Bullies’. Members with pent-up feelings of apathy and stored up for other members, often saw manifestations in ‘biasness, partiality, animosity and acrimony.’ Many were seen to have created environment within these institutions, enabling only to disharmony, divisiveness and disunity. There may be many ways in handling situations like this.

CLEVER – DILIGENT – STUPID – LAZY

Research has shown that for command and control; Administrative and operational efficiency; Assignment; and Deployment, ‘German General, Kurt Von Hammerstein Equod,’ developed his own strategies. Philosophically, he was quoted saying; ‘I divide my officers into four groups; (i) ‘Clever: (ii) Diligent; (iii) Stupid; and (iv) Lazy.’ These he saw as among the characteristics in humans. For each group, he combined two of these characteristics this way; (a) ‘The ‘Clever and Diligent’ for ‘General Staff; (b) The majority of the personnel, estimated to be about 90% of every Army. These are the ‘Stupid and Lazy’ and suited for routine duties.’ In many national institutions, and even in Government, there are people with such characteristics.

STUPID AND DILIGENT

He was not only mindful of ‘Administrative Efficiency,’ but also ‘Operational Effectiveness.’ He opined; (c) ‘The clever and lazy are to be given the highest leadership position. He harbored the view that they have the intellectual qualities and the composure for difficult decisions. He was not unmindful of those that may cause people to harbor negative perceptions of his ‘Leadership.’ He decided that; (d) For the ‘Stupid and Diligent,’ these are not to be entrusted with any responsibility, for they will only cause mischief’ [QUOTES: 1878 – 1943]. Some ‘OECS’ Leaders could learn from this philosophy. There may be no reasons for ‘Hitches and Glitches.’

DEVON BENJAMIN: GRANDSON- 10

It is provided for the benefit of knowledge and clarity and commonality of understanding, particularly for that of the studious and well-read ‘Devon Benjamin.’ Research revealed, and it was confirmed that he is the 10-year-old grandson of Attorney General; Justice and Legal Affairs; and Principal Legal Adviser to the Government. Some governmental institutions, could learn from him. They shall make space for the youth [Sir Mc Lean: short

IMPOSED DUTY – CONFERRED AUTHORITY

The sixty-nine (69)- year operational-existence of Sections of the Police Act that statutorily ‘Imposed Duty’ and Conferred Authority’ upon the ‘Commissioner of Police’ to: (i) ‘Institute criminal proceedings against persons; (a) ‘Arrested; or (b) Summoned to appear before the Magistracy; and (b) To be prosecuted by assigned Police Court Prosecutors.’ Such ‘Dischargeable Duty’ and such ‘Exercisable Authority’ unambiguously states: (i) ‘It shall be the ‘Duty’ of all Police officers to apprehend (Arrest) and bring before a ‘Magistrate’ persons found committing any offence; and (ii) To summon before a ‘Magistrate’ and to prosecute persons found committing any offence’ [Section 23 (1) (b) and (e): Police Act: Chapter 330].

EXCEPTION v CONFERRED AUTHORITY

While the ‘Transitional Provisions’ [Section 27 (2): Criminal Prosecution Service Act: No. 28 of 2017] speaks to ‘Exception’ of; (i) The Police; and (ii) ONDCP,’ for ‘Institute criminal proceedings and to Prosecute Cases before the Magistracy, seems more of ‘Buffoonery’ than of ‘Conferred Authority.’ It now prompts two fundament questions; (i) ‘Have these Law enforcement ever executed duties or operated under ‘Conferred Authority’ of the Criminal Prosecution Service Act; and (i) ‘Were they ever been subjected to the ‘Written Authority’ of the DPP?’

AUTHORITY: LEGISLATIVE TREACHERY

When the Legislators, in their apparent ‘Collective Ignorance or Stupidity’ tinkered with the Law that had: (i) ‘Imposed a Duty; and (ii) Conferred Authority’ for the lawful execution of their ‘Statutory duties, and gave them to the ‘DPP,’ they may have committed ‘Legislative Treachery.’ This had gravely affected their ability to perform their duties. Moreover such ‘Treachery,’ in fact a grievous act against the ‘Rule of Law.’ No responsible and law-abiding citizen may deny that it had significantly impacted their safety and peace of mind. No other ‘Act,’ not even the ‘Enactment of, and Amendments’ thereto the ‘Criminal Prosecution Service Act (CPSA),’ has neither (a) ‘Imposed a Duty; nor (b) Conferred Authority’ upon any Police officer.

LEGISLATIVE FUNCTIONARY

The ‘Criminal Prosecutions Service Act (CPSA),’ appeared to have been ‘Purposefully Designed.’ Those drawing inferences, reasonably or unreasonably, have harbored thoughts of obscurity of intentions. The ‘Act’ vests ‘Administrative and Operational Authority’ in the ‘DPP.’ Without ambiguity, it provides specifics on; (i) The legal status of the DPP as ‘Principal officer; (ii) Functions of the DPP- Sole ‘Legislative Functionary’ in; (a) ‘Instituting criminal proceedings; and (b) Conducting criminal prosecutions, including the insignificant non-person/property street offence of ‘Indecent Language’ [CPSA: Sections 5, 6 and 12: No. 18 of 2017].

CLOGGED-UP AND BACKLOGGED

A ‘DPP’ has more ‘Serious criminal offences that have ‘Clogged-up or Backlogged’ the ‘Criminal Justice System’ than wasting valuable prosecutorial time on frivolous ‘Eddie Murphy movie expressions. The grievously offensive and offending Sections are; (i) 27 (2) and 29]. These have removed the ‘Statutorily Functional Authority’ from Commissioner of Police Atlee Rodney, easier than pluck the feathers of a ‘Turtle Dove.’ When the Legislators stripped him of his ‘Prosecutorial Authority,’ they have shown total disregard to his statutory role and functions. They will have also shown no ‘Love’ for their protection from criminals, nor concerns for their security.

FUNCTIONAL AUTHORITY

If it were not so; (a) ‘The Principal Act, could not have been the ‘CPSA;’ and (b) They require no ‘Written Authority’ from the ‘DPP.’ That which shall be pointed out are these ‘Irrefutable and Undeniable ‘Truths and Facts; (i) ‘Since the ‘Authoritative Sections of the ‘Police Act; Sections 23 (i) (b) and (e) (Instituting criminal proceedings) and 31(Prosecuting Cases) have been ‘REPEALED’ and the ‘Criminal Prosecutions Service Act’ vests ‘Functional Authority’ only in the ‘DPP.’ In actuality, the ‘DPP’ is a Prosecutor of the most serious crimes ‘Against the Person,’ including rape, and those serious offences against property, including robbery, with or without violence.

DEPRIVATION OF AUTHORITY

Commonsense and logic, therefore dictates that a ‘Police Service’ shall be vested with the authority necessary, and without hindrance or ‘Deprivation of Authority.’ That which ‘Legislators appeared to have failed to understood, was the discernible ‘Legislative Threat’ to the ‘Commissioner of Police Statutorized Authority. This had long been dangling when accused persons held the misguided and mis-conceptualized view that the ‘Commissioner of Police’ was subordinate to the ‘Director of Public Prosecutions (DPP). This was made ‘Settled Law’ since ‘1968.’ Her Majesty’s, now His Majesty’s London Privy Council with a ‘Judicial Committee’ of ‘Law Lords and Law Ladies’ with no antecedents that speak to depravity or rascality or skullduggery.

STATUTORILY-CONFERRED AUTHORITY

That which every Law enforcer knows has been their ‘Status’ as ‘Statutorily Conferred.’  When Legislators appeared to have misguided themselves in ‘Repealing’ critical authoritative ‘Sections’ of the ‘Police Act,’ likened to de-feathering a ‘Whistling Black Duck,’ ‘Commissioner of Police Atlee Rodney QPM,’ was left ‘Authoritatively and prosecutorally Weak;’ (i) To lawfully institute criminal charges against persons arrested and charged with criminal offences; and (ii) Prosecute persons so charged.’

STATUTORY CONFERRED STATUS

That which ‘Legislators of the House of Representatives; House Speakers; Senate Presidents and some Attorneys’ within Executive or Cabinet positions, appeared not to have known, and legislatively reckless not to know, was the ‘Statutory Conferred Status’ on members of the ‘Police Service.’ It states; ‘Every person for the time being in the Force shall be deemed a member of the Force, and shall have and enjoy all the; (a) ‘Rights; (b) Powers; (c) Authorities; (d) Privileges; and (e) Immunities ‘CONFERRED’ on a member of the Force by any Law which is now in force, or may herein after be passed’ [Section 16: Police Act: Chapter 330].

FATAL LEGISLATIVE BLUNDER

The ‘Criminal Prosecutions Act’ ‘CONFERS’ no power or authority on any Police officer [CPSA: No: 8 of 2017]. All such ‘Authority’ is vested only in the Director of Public Prosecutions (DPP)’ [Sections 5, 6, and 27]. The apparent ‘Fatal Legislative Blunder’ were made when the contentious and controversial enactment ‘Criminal Prosecutions Services Act’ was accorded legislative consideration and majority-passage through both ‘Lower and Upper Houses of Parliament. These have resulted in the recent institutional and prosecutorial confusion at the Magistrate’ Courts, as well as the pandemonium that broke out within one of the two ‘Sacred Chambers of Parliament- the House of Representatives or Lower House.’

ASOT AND SIR GERALD: SUPREMACY OF GOD

When, by an apparent ‘Uncontrolled Burst of Emotions,’ he made; (i) The ‘Legislative Chamber; (ii) Reminded Sir Gerald; (iii) Informed the young people and citizenry; (iv) Mainstream; social media; (v) The Diaspora; and (vi) The world community know, how fortunate the ‘House Speaker’ has been with the ‘Blessing of God,’ and still ‘kicking and fighting with his mouth. Little did Member of Parliament, Asot Michael knew or may not have remembered was that even as the ‘Constitution Order’ speaks to the ‘Supremacy of God,’ Principle, ‘A’ [CO: 1981[, any Member crossing his path in an insulting way, not only ‘Sir Gerald’ was likely to say ’70 or 85: Supremacy of God’ or not, ‘That can go to hell,’ or that ‘Whichever Parliamentarian is going to hell, he/she could take it with them. *** To be continued tomorrow….

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