COMMENTARY: D. Gisele Isaac – Fight Against Acrimonious Virus

By RAWLSTON POMPEY

Even as ‘Chief Justice, Dame Janice Pereira’ harbors the belief and shares the view that the Court represents the ‘Bastion of Hope,’ most accused persons continue to find it difficult in sharing such sentiment. Now, more than ever, the inordinate delays in expediting criminal trials have been as much a ‘Prosecutorial Virus’ as the ‘Coronavirus’ has been to humans. The only difference is that, it only affects people arrested and charged summarily to face Magistrates or indicted to face Juries. In many instances, ‘Inordinate Trial Delays’ have caused many; (a) …Adequately Resourced; (b) …Inadequately Resourced and (c) …Not Resourced’ accused Mental Agony.’

TRIAL DELAYS

Evidence of such delay may have been seen in; (i) ‘…the ‘Six-year delay’ in bringing to trial former Executive Secretary to the Board of Education.’ Indicted on Corruption and Fraud charges, when clearly, and as subsequently ruled by the Court, there had clearly been (a) ‘…critical evidential issues;’ and (b) …serious issues of environmental influences’ militating against ‘fair trial and reasonable prospect of conviction’ (BOE) [2014- 2020]. Moreover, there were a; (i) ‘…‘Seven-year delay’ in bringing to trial murder accused ‘Dwayne ‘Littleman’ Joseph and Ziggy Beazer’ for the shotgun slaying of ‘Jermaine ‘Six Months’ Destin’ [March 18, 2013 – March 2, 2020]; and (iii) …the Ten-year delay’ in bringing to, and complete the sentencing process of convicted ‘Drug Traffickers, Kenneth Ronald Wyre and Rohan ‘Archie’ Bailey’ [2010 -2020].

ANGUISH – AGONY – DESPAIR

In a world and at a time in which man seems closer to doom, even as hearts are failing many for fear, the last days have seen many people who seem hell-bent in causing immense ‘…Anguish; …Agony and Despair’ in the life of the innocent and not so innocent accused. Then there is the lethality of this novel ‘Coronavirus.’ Together with egoistic heartless perpetration of acrimonious acts against the innocent, these support biblical prophecy of signs that man’s pre-destined destructive end is near. Even so, the courageous are resolute in their belief, that as in combat, the fight against injustice is a fight against the ‘Virus and Acrimony,’ shall be waged with every financial muscle and sinew. For the bedevilled ‘D. Gisele Isaac,’ in a land where men are supposedly ‘brave and free,’ hers was a fight against the ‘Virus of Prosecutorial Acrimony.’

QUE SERA, SERA

It may not have been revealed whether as a little girl, some of the questions ‘D Gisele Isaac’ may have asked her parents. Guided by characteristic assumptions, if she did ask her mother, ‘What shall I be?’ then more than likely, an understanding and caring mother in endeavoring to satisfy her ‘futuristic curiosity’ and aspirations, she may have provided her with a very simple answer. Thus, uncertain of what the future holds, her mother may have obligingly, yet gently responded; ‘Que Sera, Sera.’ Translated in English, she may have been told, ‘Whatever will be, will be.’

BED OF ROSES

A curious little girl ‘D. Gisele Isaac’ will have been made early to understand that life was never going to be a ‘Bed of Roses.’ Some roads would seem as eternally long; …some journeys would be hazardous and dangerous; …some byways would be rugged; while some zones would be disconcertingly torrid. She may also have been told that there would be encounters with devious people; some would be delight in causing endless misery in her life and that some may exhibit traits as deceitful and treacherous as ‘Judas Iscariot’ […]. Moreover, she may have come to the realization some people might be seen as ‘…lacking scruples; while some would be seen as ‘crooked as a cork screw.’

ASPIRATIONAL COURSE

In her tender years, a mother’s child may have been realistically told that he/she should expect the unexpected and to be prepared to face any eventuality. Grown to womanhood and maturity, she would have charted her own ‘Aspirational Course.’ Thus, it may have been little wonder that she was well positioned to be elevated to Legislative Chamber to Chair the legislative agenda of Government in the enviable parliamentary position of ‘Speaker of the House of Representatives.’ She has given a ‘feisty impression’ as she appears as courageous and fearless. Given recent developments, it was obvious that ‘D. Gisele Isaac’ had readied herself to fight life’s battles, and other challenges life has brought her way. Undoubtedly, many things may have come her way. Some may have been surmountable, while others may have been insurmountable.

HELL AND GRAVE

The Holy Scriptures speak to two places that will never be empty. These have been identified as, ‘Hell and the Grave.’ No man wants to go to hell, and few are willing to die. Even as man has no desire to be institutionalized, in view of his anti-social and criminal behaviors, there are three societal institutions that also will never be empty. These institutions exist and are well known to all a sundry. They are identified as; (i) ‘…The Hospital; (ii) …The Courts; and (iii) …The Jail.’ Clearly, man seems unafraid of these institutions. These were purposefully-built and have been serving, and continue to serve civil society well.

JUSTICE- DELAYED AND DENIED

Forced into litigation, the ‘Civil Judgement’ by ‘Justice Agnes Actie,’ speaks to the ‘10 year incomplete criminal trial of Kenneth Wyre and Rowan ‘Archie’ Bailey v The Attorney General of Antigua and Barbuda’ [Claim Number ANUHC2019/0306]. The Court held the view that the ‘…State is obliged to organize the legal system to ensure compliance with the guaranteed right under Section 15 (1) of the Constitution for fair and speedy trial’ [Paragraph 19]. Though negligible, the accused were respectively awarded compensation of ‘EC$7, 500 and EC$5, 00’ for ‘Constitutional Breaches’ for ‘fair trial within a reasonable time’ [CO: 1981]. Even so, some litigants still need not be ‘financially reckless or advisedly persuaded.’ Many shall know, here and now, that it makes no financial sense to incur ‘legal fees of EC$30, 000’ for a negligible litigious award.

DANGEROUS PROSECUTORIAL PRACTICE

Consequent upon this situation, many indicted accused, including those ‘remanded in custody or on bail,’ have been left frustrated, dejected and perplexed. None may deny that such trial delays now sets a very ‘Dangerous Prosecutorial Practice.’ It is no exaggeration that the legally represented accused are often guided by legal practitioners to opt for ‘Plea Deals.’ Of course, these are all part of the prosecutorial process. Thus, many indicted on very serious Counts have been opportunistically favored plead to a lesser Count. This has been with the knowledge and hope and expectation of being favored for consideration of ‘Judicial Leniency.’ Then there is a fast emerging problem. Frequently, administrators of justice have been seen as ignoring the ‘…nature; …gravity and aggravating features’ associated with the criminal acts and have been seen imposing ridiculously light sentences. Invariably, public reactions to these practices, (prosecutorial/judicial), have not only been swift with dissent, but have also outraged citizen’s conscience.

PROSECUTORIAL VIRUS

As much as many people have been afflicted by the ‘Coronavirus;’ ‘…died; …recuperated or on the way to recovery, ‘former Executive Secretary and House Speaker D. Gisele Isaac’ may have been given more reasons to be ‘Fearful of Acrimony’ than of the ‘Coronavirus.’ This featured commentary looks at her ‘Fight against Acrimonious Virus.’ When trial Judge, ‘Justice Stanley John’ upheld a ‘No Case Submission,’ she had overcome, but one ‘prosecutorial hurdle.’ When he subsequently ruled a ‘permanent prosecutorial stay’ of further criminal hearings on an additional ‘two Counts’ of similar classifications, that had been the time the ‘Prosecutorial Virus’ was killed, it may also have been the time her darkest night had turned into a bright day [March…2020].

STRENGTH OF CHARACTER

Undoubtedly, former Board of Education (BOE) ‘Executive Secretary D. Gisele Isaac’ may have been given good reasons to feel that she had been unjustifiably ‘…Hounded; …Hunted and Haunted.’ The dual-positions of ‘Executive Secretary and House Speaker’ D. Gisele Isaac’ seemed to have become the envy of some parliamentarians. These positions not only survived harsh parliamentary criticisms, but also sparked intense media and public discussions. Moreover, the position of ‘Executive Secretary ‘came under serious threat of redundancy. This was eventually tested through clearly ‘insidious civil litigation.’ Unperturbed, she remained resolute and steadfast, showing ‘Strength of Character’ and the fierceness of a female tiger staving off potentially dangerous and hungry prey, endeavoring to devour its litter. As fate often has it, the litigious proceedings that had the appearance of ‘Envy and Spite’ in seeking to relieve her of this position, likened to the petals of a flower wilted in the midday sun and died before sunset, by a rationally and acutely-considered judicial ruling [Claim No.ANUHCV2009/0394].

AUTHORITATIVE POSITION

In the midst of her moments of anguish, despair and perplexities,’ she will have shown tenacity, not only in protecting her human dignity, worth and character, but also in fighting against ‘Social injustice and criminal prosecution.’ Instructively, in public life, and particularly as it affected her dual-tenure of (i) ‘…Speaker of the House of Representatives; and (ii) …Executive Secretary to the Board of Education (BOE),’ these positions were not without ‘friction and tension; controversy and commotion.’ These had often resulted from the stringency of interpretation and application of the ‘Standing Orders of the House’ [April 1967].  These affected Members whose behavior appeared to have been seen as lacking decorum, or starved of courtesy and respect to the ‘Authoritative Position’ of the ‘Speaker of the House.’

PARLIAMENTARY BULLYING

In the role of ‘Speaker of the House,’ there was hardly a dull parliamentary moment. In such capacity, she was subjected to what many parliamentarians had described as ‘non-parliamentary behavioral antics,’ as displayed by a demonstrably defiant House Member ‘Gaston Browne.’ For instance, when the Member preempted and instigated a defiant chant by members in the public gallery, she hastily called upon the ‘Membership of the House’ to move and second a ‘Motion’ for the Member’s ‘Suspension,’ thereby precluded him from rendering further service to the House. Thus, equally as much as she appeared undaunted in the face of life’s challenges, she had shown intolerance of disruptive behavior or conduct bordering ‘Parliamentary Bullying.’

MIGHTIER THAN ANY CHANTER

When parliamentarian and now ‘Prime Minister Gaston Browne’ sought to test her mettle, he was showing that he would not be bullied by ‘House Speaker, D. Gisele Isaac.’ As a consequence, the ‘Standing Orders’ were not only be applied, but shall be seen as ‘Mightier than any chanter.’ It was provocative chant, ‘…Baldwin must go; …The people say so’ that had provoke angst in the Chair. This gave rise to the Speaker to show that she neither had tolerance for insolence, nor chanting in the legislative Chamber. In applying the ‘House Standing Orders,’ Members ‘Harold Lovell’ obliged a call for a Motion to be moved. Consequently, parliamentary colleague ‘Wilmoth Daniel’ seconded the Motion. Then by the time the Speaker said, ‘…Those in favor, say ‘Aye,’ and those against say ‘No,’ the defiant Member was escorted by the ‘Sergeant-at-Arms’ from the legislative Chambers [Caribbean360: June 16, 2010].

MIDNIGHT AWARDS

Consequent upon the attainment of political independence from Britain [November 3, 1978], the nation opted not to have a ‘Governor General’ as ‘Titular Head of State.’ Instead, it opted for a ‘Presidency.’ The temporary re-location of Her Majesty’s photograph, was to allow for the collective participation of the member-States of the Organization of Eastern Caribbean States (OECS)’ at the ‘Inaugural ‘OECS’ Assembly’ [August 10, 2012].  There was still no respite for the unlucky ‘House Speaker,’ as controversy surrounded her ‘Damehood Award.’ When it was revealed that several ‘Awardees’ had been selected and bestowed with ‘Knighthoods and Dames,’ formalized by a suspected surreptitious ceremony, there was consternation in the two-month old ‘Gaston Browne-led administration’ [March 2014].

PARLIAMENTARY TRANSGRESSION

In spite her earlier ‘Parliamentary Transgression’ and ‘public spat,’ it may have been her love of humanity, evidenced by a gesture of goodwill, that she had graciously bestowed upon the then House Speaker the enviable ‘Award of Dame.’  Any suggestion of surreptitiousness, a news report puts it succinctly, ‘Before she demitted office at ‘Midnight,’ former Governor General, Dame Louise Lake-Tack awarded ‘Knighthoods and Dames’ to several prominent Antiguans and Barbudans,’ including ‘…Her Son Geoffrey Tack; …Gardener; …Maid; and Police Outriders’ [Cayman iNews: August 18, 2014]. There were veiled public administration threats of revocation.

CO-EXISTENCE AND COOPERATION

Those who sought to communicate in vernacular language often said that ‘two male crabs cannot co-exist in a hole.’ Fighting or fighting not, do know that today that any darn two sexes could ‘co-exist in a union.’ Relate ‘co-existence’ to governance, it may not necessarily be the same for the egoistic individuals. It is at this juncture that the focus is placed on an apparent egoistic male parliamentarian and a feisty ‘Executive Secretary.’ If not the right combination or mentality, in a union this would most certainly be problematic. A newly-appointed Minister, Michael S. Browne,’ portfolioed with ‘Education,’ takes charge. Under his watch is the ‘Board of Education (BOE)’ [2014-].  Two months into his ministerial tenure, he had made it clear that something was dangling over the tenure and head of then ‘Executive Secretary D. Gisele Isaac.’

PROSECUTORIAL TROUBLES

To all intents and purposes, he was about to transform his ministerial functions into an exercise ‘Witches’ were known to have used to ‘Hunt.’ No one knew exactly what the hell he may have been ‘Witching or Hunting’ for. However, when ‘Executive Secretary, D. Gisele Isaac’ was suspended from office, by a letter from the ‘Cabinet Secretary’ [July 18, 2014], that may have marked the incubation period for a ‘Virus called Acrimony’ to develop. It was obvious that ‘D. Gisele Isaac’ would have been called upon to give an account of her stewardship. When ‘D. Gisele Isaac’s’ position with the ‘Board of Education (BOE)’ became the focus of ministerial attention and administrative discussions, reasonable inferences drawn suggested that something was under consideration.

MINISTERIALLY ACRIMONY

It may have been obvious all a sundry that the ‘Executive Secretary and ‘BOE’s Bailiff ‘Algernon ‘Serpent’ Watt,’ would have been the victim of ‘Ministerial Acrimony.’ Even with a history of parliamentary antagonism, ‘Prime Minister Gaston Browne’ sought to discourage actions that may have been seen as ‘Ministerially Acrimonious.’ This may have been discerned from his public revelations. He said he had expressed supplications to an apparent ‘overzealous Minister,’ urging him to back off from taking any such action. Given his public declaration, it was suggestive that even with his past parliamentary antics he neither held personal animosity towards her, nor to the contracted Bailiff.

AREA OF INVESTIGATION

In a missive to ‘Education Minister and Cabinet member Michael Browne,’ the investigators carefully note; ‘Reference is made to the Letter to Ms. Isaac dated 18^th July, 2014 from the Cabinet Secretary which in turn makes reference to a Letter from the Minister of Education, Science and Technology, wherein the Minister indicated his intention to have an investigation conducted.’ The contents partially state inter alia, ‘…The inquiry upon which I (the Minister) will be engaged, includes the following; ‘…the practice of making the Board’s public information private…’ [July 10, 2014]. The die had been cast, and soon the bell would have been toll.

THE INVESTIGATION

The ‘Investigating Report’ from the firm, ‘McCaw Financial Consulting Inc’ partially states; Dear Mr. Minister, As per your direction, we have been engaged to undertake an investigation with respect to the Board of Education (the Board) arising from the suspension of the Executive Secretary; Ms. D. Gisele Isaac (Ms Isaac); …The purpose of this Report (the report) is to provide you with our findings, conclusions and our recommendations arising therefrom’ [MCFC Inc: September 5, 2014]. Something that might be admirably said of the Prime Minister was that he appeared to have shown any desire in joining any of his Ministers’ to render evil to the ‘Executive Secretary D. Gisele Isaac’ and contracted BOE’s ‘Bailiff Algernon ‘Serpent’ Watt.’

UNORTHODOX MANAGEMENT

Seemingly endowed with the gift of discernment, ‘Prime Minister Gaston Browne’s’ revelation came almost immediately after the; (a) …Officially-sanctioned investigation; (b) …Subsequent criminal investigations; (c) …Ill-advised apprehension; and (d) …the Ill-conceived institution of criminal proceedings.’ The ‘Sixty page Investigative Report,’ featured more of ‘an unorthodox’ style of Management and procedural glitches’ than of ‘fraudulent behavior.’ It could reasonably have been inferred that the ‘Ministers’ may have been unwittingly left to their own devices.

LEAVE SERPENT AND GISELE ALONE

Sensing negative public reaction to the actions of his subordinate Cabinet Ministers, rightly or wrongly, ‘Prime Minister Gaston Browne’ distanced himself from the ‘ill-fated prosecution and acquittal’ on the ‘Corruption and Misbehavior in Public office offences.’ This may have been discerned when he told the media; ‘…I told them to leave Gisele and Serpent Alone’ [OMG: November, 2019]. From a professional perspective, it lacked ‘prima facie evidence,’ necessary to have constituted the crime, or capable of informing ‘…reasonable prospect of conviction.’ Neither could it be emphatically said that the conduct of the accused had ‘seriously prejudiced the ‘BOE’s or public interest.’

FORTITUDE AND RESILIENCE

Eventually, apparent systemic hounding saw her removal. As a consequence, she had caused the judiciary to be visited upon officialdom for wrongful dismissal. The successful outcome seemed to have strengthened her ‘Fortitude and Resilience.’ Then there was a ‘public spat’ between herself and then Governor General, Dame Louise Lake-Tack.’ This resulted with noticeable re-arrangement of a framed photograph of ‘Her Majesty, The Queen’ in the national Parliament. The re-arrangement of the photographs of Her Majesty was for the expressed purpose of accommodating the ‘Prime Minister of the Commonwealth of Dominica.’

DYSFUNCTIONAL BOARD

The investigating firm, ‘McCaw Financial Consulting Inc,’ has made some rather interesting ‘observations.’ Its Report revealed evidence suggestive of ‘gross incompetence and lack of administrative control’ by a ‘Board.’ Inferences might reasonably be drawn that a ‘Dysfunctional Board’ had shirked its responsibility, leaving its functions to the ‘dictates and initiatives’ of a more clever, intelligent and knowledgeable ‘Executive Secretary.’ Quoting from the Report, it reveals, Director Pringle states; ‘…We are the Board of Directors; …You are the Chairperson; …Ms Isaac takes over she is the Board of Education.’ Even more damning was this quote by Board Director Burdon. His belief was that ‘…the Board was dysfunctional.’

MINISTERIAL SINS

Undoubtedly, the former ‘Executive Secretary’ not only had the Chairperson playing hop-scotch, but also likened to a tiny Chihuahua; she had been leading the Directors on a leash. Even more revealing from the Report was this, ‘…Dr. Osoba said she would be writing to the ‘ES’ addressing her discourteous behavior at the meeting and request an apology’ [IR: Page 4]. The financial investigators reportedly unearthed a correspondence, respecting the issue of ‘Salary Adjustments.’ It was obvious that the ‘Ministerial Sins’ may have been placed upon the soul of the ‘Executive Secretary.’ The financial investigators also reported the discovery of a letter purportedly authored by then Education Minister, ‘Dr. Jacqui Quinn-Leandro.’

MINISTERIAL INSTRUCTIONS

In the ‘Investigative Report,’ the financial investigators further states, ‘…In spite of Minister Quinn-Leandro being aware that the authorization of the increase in salary stepped outside of her authority, she still gave instructions to the Chair  to affect an increase in the salary of the Executive Secretary, nonetheless.’ This fact may have been inadvertently or calculatedly overlooked by the criminal investigators [IR: Page 12]. It seems clear that either ‘professional incompetence’ or lack of investigative skills, experience may have guided her arrest. Now, in view of the criminal indictments speaking to; (i) …Corruption; and (ii) …Fraud,’ it boggles the professional investigative mind as to what may have influenced the Police investigators to take such course of action.

SALARY ADJUSTMENTS

In her Ministerial capacity respecting ‘Salary Adjustments,’ the Report speaks to the Minister addressing the ‘BOE Chair,’ ‘…It is for this reason that in the interest of equity, I hereby propose the following for the aforementioned officer ‘…an increase of salary of 10% along with a two cost of living increases of 1.5% and 3%’ [June 28, 2010]. Instructively, legal arguments advanced to trial Judge, ‘Justice Stanley John,’ clearly supported the ‘…No Case Submission’ made on behalf of the ‘Executive Secretary’s by ‘Defence-led Counsel Dane Hamilton QC.’ Incidentally, lead Counsel had lined up with him a battery of lawyers including, (i) ‘…Leon ‘Chaku’ Symister; (ii) …Harold Lovell; and (iii) …Charlesworth Tabor,’ to assist him against the lone female ‘Crown Prosecutor, Shannon Jones-Gittens.’ She had acquitted herself admirably, professionally and exceedingly well.

CONCLUSION

None familiar with the constitutional provision that allows for accused persons to be ‘…afforded a fair hearing within a reasonable time’ [CO: 1981: Section 15], may blatantly deny that such delays frustratingly run contrary to this entrenched constitutional provision. Likened to many other accused persons affected by ‘Inordinate Trial Delays,’ the case of the ‘former Executive Secretary D. Gisele Isaac,’ highlights several intervening and compounding factors. The effects of these factors had been; (a) ‘…Restrictive travel; (b) …Inconvenient reporting conditions; and (b) …Severe financial difficulties, resulting from; (i) ‘…Non-re-election to the position of House Speaker; and (ii) …Suspension from; and eventual termination of her ‘Secretarial position’ with the Board of Education (BOE)’ [2014-2020]. These speak to the harrowing experience of ‘D. Gisele Isaac.’ ***

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