COMMENTARY: Darwin Telemaque – Creature of Statute or Pirate of State

By Rawlston Pompey

Whether or not self-advised or otherwise advised, ‘Amendment’ to the ‘Port Authority Act,’ appeared to have impinged on the function of ‘Antigua and Barbuda Department of Maritime Services (DOMS).’

Conceptualized and subsequently given legislative consideration, ‘Parliament’ has made it lawful for the ‘Port Manager’ to ‘Sell ships and Seagoing vessels at ‘Public Auction,’ if he; and he; and he’ alone, deems and declares them ‘Abandoned.’ Instructively, two elements that constitute ‘Abandonment’ are: (i) ‘If they are believed to be; (a) ‘The proceeds of crime: or (b) The instrumentality of crime; or (c) If they are uninsured’ [Sections 5 (a): 10 (d): Port Authority (Amendment) Act: No.1 of 2023: Principal Act: Section 38 A: Chapter 333].

MISCHIEF AIM

Clearly, it may have been for reasons of eliminating certain behavior, that ‘Parliament,’ prudently and appropriately inserted legal procedures necessary to guide the ‘Licensed Auctioneers,’ while, in the course of conducting such exercise, ensure that no deceitful or fraudulent acts are committed.

The ‘Legal Drafters,’ conscious of human behavior not only made certain insertions relating to that allowed for ‘Transparency,’ but also for unhindered and unrestricted public participation.

These would have been among the primary ‘Mischief Aimed by Parliament.’ Other paragraphs are contained to guide further understanding of the ‘Auctioneers Act’ [Chapter 37] and the ‘Amendment’ to the ‘Port Authority Act’ [Section 37 A]. 

STORYBOOK CHILDREN

It shall be cautioned that, likened to the others, this is not a commentary for ‘Storybook Children’ [1967: YouTube]. Short stories as ‘Brer Anansi and Brer Rabbit,’ may easily be obtained at the ‘Best of Books Store’ on St. Mary’s Street, downtown.

This commentary winds down a commitment in providing an understanding to the citizenry on issues within the knowledge of the author.

This, before a break, is dedicated to all readers, and specifically, the distinguished; ‘GG: PM; Attorneys Charlesworth Tabor: Kenny Kentish: Chief Magistrate Joanne Walsh; Justice Keith Thom; Dr. Dave Ray and John Fernandez.’

PERSPECTIVE

Given the recent ‘non-auctioneering’ exercise, and the ‘Online Sale’ of the compulsorily-acquired ‘Russian Superyacht Alfa Nero’ by the ‘Antigua and Barbuda Port Authority-Port Manager Darwin Telemaque,’ under the legislative guise of ‘ABANDONMENT.’

This commentary focuses on; (i) ‘The multifaceted role of ‘Port Manager, Darwin Telemaque.’ Clearly, the ‘Seller’ appeared not to have been properly informed or advised on the legal concept of, and implications for ‘Auctioneers.’ The concept as interpreted in the ‘Existing Law’ is contained in the ‘Auctioneers Act’ [Chapter 37].

This, is not written in the ‘Act,’ but suffice to say: ‘Any person, ‘Managers’ too, that is ‘STUPID AND DILIGENT’ [German General Kurt Von Hammerstein],’ is as dangerous as the next ‘Atlantic Hurricane.’ For the benefit of knowledge, one may read the ‘General’s’ philosophy. 

RUSSIAN ROULETTE

This nation could very well be playing more than ‘Russian Roulette,’ both with its reputation and ‘Sovereignty.’ Giving legal effect to the ‘Non-Public Auction Sale,’ speaks more to ‘Legitimacy of Piracy’ and clearly grounded in Illegitimacy.’

As suggested in the media, it was a ‘Sealed-Offer Exercise,’ in which the evaluation of some ‘US$81 million,’ was reportedly put out to potential buyers.

In disregarding the ‘Constitutional Guarantees,’ and dispossessing and denying owners of ‘Ships and Seagoing Vessels’ the enjoyment of legitimately owned property, is to invite visitations by the ‘Judiciary’ for that which appears demonstrably clear as a ‘Renegade State Behavior.’  

TOWING AMERICAN LINE

In appreciating an understanding, is to have some familiarity with the ‘Port Authority Amendment Act.’ Clearly, more out of coercion, than of rationality, Legislators, seemingly ‘Towing the American Line,’ provide in the ‘Amendment’ that which for obvious reason of expediency, a rationale.

For the benefit of knowledge, it states: (i) ‘An Act to make provisions for the ‘Security of Harbours’ and Ports throughout Antigua and Barbuda; and (ii) For other incidental connected matters therein’ [Port Authority (Amendment) Act: No. 1 of 2023]. As its affects ‘Border Security,’ this undoubtedly, appears to be consistent with the concept ‘Rationality.’

But for the Sale of the Russian-owned ‘Superyacht Alfa Nero,’ it suggested ‘State Piracy.’ A property: (i) ‘So luxurious: (ii) So princely: (iii) So costly: and (iv) So valuable,’ could never be declared by a ‘Port Manager’ as ‘ABANDONED,’ outside of the ‘Judiciary.’ 

INTENTS AND PURPOSES

Then to all ‘Intents and Purposes,’ the focus of the ‘Amendment’ shifts to; (a) ‘Seizure: (b) Detained; and (c) Abandonment’ of ships or other vessels.

The language of the law appears crystal clear. It states; ‘Where for any reasons a ship or other seagoing vessel has been ‘Seized; Detained; or ‘ABANDONED’ in any Antigua and Barbuda Harbour; or near any Antigua and Barbuda Harbour; Tidal water, the ‘Port Manager’ may; (i) ‘…Take possession of such ship or other seagoing vessel; and (ii) …Sell the same at ‘Public Auction; or (iii) …Private Treaty.’ 

PROVISO – ABANDONMENT

The ‘Proviso’ contained therein makes it sufficiently clear that ‘SALE’ shall not be to; (iv) ‘…A ‘SANCTIONED’ individual; or (v) Entity or person suspected of being involved in criminal activity.’ The ‘Amendment’ interprets only ‘Abandonment.’

The elements contained thereunder; (a) ‘Not being maintained by owner or agent of owner; (b) Ownership remains unclaimed for a period in excess of 90 days; (c) Outstanding moorage and docking fees; (d) Ship/vessel is uninsured; (e) Poses a threat to the environment; (f) Likely to become unseaworthy (g) Threat to health, safety and security of person using the Harbour; and [PAA: Chapter 333: Inserted Section 38 A: No. 1 of 2023].

COVETOUS DEPRIVATION

From the perspective of the ‘Port Authority,’ it speaks to a course of action that suggested a motive of ‘Ulterior Connotations; (a) ‘Arbitrary seizure; (b) Dispossession of property; (c) Unlawful selling; and (d) Covetous Deprivation’ of the legitimate owners of ‘Russian Superyacht, ‘ALFA NERO’ to the ‘Highest Online Offeror/Buyer.’

The contents represent unchallengeable ‘Facts and Law.’ Though from a ‘Layman’s Perspective,’ this commentary is based on knowledge of the ‘Amendment,’ the ‘Non-Public Auction,’ speaks to ‘Online Sealed Bids.’

The ‘Author’ boasts no ‘Law Degree,’ as well as none in ‘Theology.’ He represents no particular person, group or third-party interests. 

CONSPICUOUS ADHERENCE

This nation, likened to many within the ‘Organization of Eastern Caribbean States (OECS)’ in undeniably, impoverished.

Economy-wise, it is cash-strapped and heavily reliant on the ‘Tourist Dollars’ of other nations. Knowingly; yet reluctantly, even without no ‘military clout, it was sucked into the ‘Russian/Ukrainian’ armed conflict.

This became evident when it showed ‘Conspicuous Adherence’ to ‘Foreign Dictates.’ Mindful of its; (a) ‘Economic position; (b) Non-military power; and (c) Inconsequential international influence, these ‘Dictates’ have bullied the nation into acting against its ‘Foreign Affairs’ and best interests.’

SOLD SOVEREIGNTY

In effect, the nation has ‘Sold its Sovereignty’ for reasons of; (a) ‘Maintaining diplomatic: and (b) Economic ties’ with nations with the capacity of causing adversities to descend upon the citizenry.

It has found itself between the ‘Devil and the deep blue sea.’ The citizens have become the ‘Cameroonians of the Caribbean,’ and subject to the exploits of; (i) ‘The United Kingdom; (ii) European Union; and (ii) Americans.’

From a professional perspective, the unfolding events, without a shadow of doubt, were nothing that can be called ‘Happenstance.’

REPROBATES AND RENEGADES

It has been the human experience that some leaders have been, and shall be used as ‘Reprobates and Renegades.’ Those so described are expected to do the unthinkable.

They shall; ‘Disregard principles; Flout laws; Ignore rules; and Breach regulations. They shall also break treaties; and Circumvent conventions.’

These shall be so, particularly, if the ‘Ends justify the means.’ Port Manager, Darwin Telemaque’ is not in any of these categories. As ‘Seller of Russian Superyacht Alfa Nero,’ he has flouted will face no difficulties; suffer no consequences, nor experience no indignities.

RIGHT TO PROPERTY

In the instant case, these were the results of the ‘Amendment’ made to the ‘Port Authority Act’ that allowed for the ‘Port Manager’ to so ‘Sell at Public Auction,’ property so sanctioned by the sitting administration, in support of the ‘European Union: United Kingdom: and United States.’

It begs the questions; (i) ‘Why was the ‘Alfa Nero,’ the only Marine Craft’ specifically singled out as being abandoned, yet ‘Seized and Sold’ for the nation’s benefit when the owners have violated ‘Existing Laws? (ii) Was the nation exploitatively used as a ‘Sprat to catch a whale?’

This shall be looked at from the ‘People’s Desire.’ It states; ‘Whereas the people of Antigua and Barbuda desire’ to establish a framework of ‘Supreme Law,’ within which to; (a) ‘Guarantee their inalienable human rights and freedoms, among them the ‘Right to Property’ [FCP: ‘E’: CO: 1981].

HUMAN MISERIES

Instructively, ‘Port Manager Darwin Telemaque’ sought to make out or manufacture; (i) ‘A Case for Abandonment; (b) With intent to Seize; and (c) To Sell’ the ‘267-foot Luxurious Russian Superyacht, Alfa Nero.’

Had he testified under ‘Oath or Affirmation,’ before a Court of Law,’ rightly or wrongly, he may very well have been cited by the Judge for the serious indictable criminal offence of ‘Perjury.’

Researching for this commentary, the contrary to the Case-making attempt he sought with ‘Perjurious Lips’ to establish.

In all its ‘Troubles and Struggles, the appropriate authorities: (i) Customs and Excise; (ii) Immigration Authority; and (ii) Foreign Affairs Ministry,’ except to cause ‘Human Miseries,’ all appeared seriously non-functional.

IMMIGRATION STATUS

That which the ‘Port Manager’ appeared not to have factored in his considerations, if any, was that; (i) ‘The twin-island-nation of Antigua and Barbuda ‘NEVER’ owned the ‘Superyacht;’ (ii) The luxurious marine craft and crew were duly accorded lawful entry into the nation’s territorial waters; (iii) They have completed ‘Immigration and Customs’ formalities: (iv) Skipper presented the ‘Ship’s Papers’ for examination; (v) Allowed to stay; (vi) Skipper and Crew never ordered to leave by ‘Immigration and Customs’ authorities: (vii) Detained at the behest of certain foreign countries, opposed to ‘Russia’s Military Adventurism in the Ukrainian nation’ [BBC: February 22, 2023]; and (viii). 

SANDWICHED BETWEEN TRUTH

The information researched states; ‘In March this year (2022), the Government of Antigua and Barbuda advised all local companies not to transact any business with; (i) ‘Any person; (ii) Companies: or (iii) Other entities on the ‘Sanctions Lists’ [Barbados Today: August 2022].

Then clearly disproving the ‘Port Manager’s apparent ‘Spurious or malicious Claim,’ the news portal continues; ‘Consequently, the ‘Alfa Nero’ was ‘NOT’ provided with any fuel (to leave), except emergency supplies to keep it secure for; (a) ‘The vessel; and (b) Falmouth Harbour’ [Barbados Today: E.P. Chet Green: Foreign Minister: March 2022 – August 17, 2022]. 

FIDDLING WITH TRUTH

Now, ‘Port Manager, Darwin Telemaque’ appeared to have been ‘Sandwiched’ between the ‘Truth’ of Foreign Minister E.P, ‘Chet’ Green and Prime Minister Gaston Browne.’

As he sought to ‘Fiddle with the Truth,’ by expressing environmental and navigational concerns, more consistent with ‘Truth, and seemingly cares not who falls ‘Under Bus,’ a news portal quoted ‘Prime Minister Gaston Browne’ saying; ‘Over a year ago, the Government had been approached by ‘British and United States officials’ to seize the ‘Superyacht, Alfa Nero; …We decided not to seize it; …We detain it for probably a week or two; We facilitate a search by the ‘Federal Bureau of Investigations (FBI).’ Still, ‘…We did not wish to be caught up in the geopolitical issues between the Europeans; North Americans; and Russians.’ These appeared rationally thought out. 

UNDER THE BUS

Somewhere in the ‘Holy Scripture,’ it edifies that certain ‘Tongue’ does not comport, neither with the ‘Lord,’ nor His Spirit.’ He also warns not to follow ‘Multitudes to do Evil.’

Him that is not so edified, could neither see nor hear Evil.’ Invariably, ‘Buses’ run them over.

Prime Minister Gaston Browne, has made it demonstrably clear that no ‘Bus,’ whatsoever, knocking him down, let alone run over. He knows that there is only; ‘One animal; two things; and two people’ that should go ‘Under the Bus; (i) ‘A crapaud; (ii) The wheels: (iii) A hydraulic jack: (iv) A motor mechanic; and (v) An idiot.’

If he must cruise on a ‘Bus,’ he would rather do so on ‘Samantha’s Bus,’ but certainly not on ‘Alister’s Bus.’ He is mortally afraid of ‘Dangerous Driving.’   

REPUTATIONAL DAMAGE

Continuing, he further said; ‘When it came to seizing private assets, we thought we should exercise patience than acting too soon’ [Observer: March 20, 2023].

It appeared then that ‘Reason and Conscience’ prevailed, thus allowing for an informed decision.

Reasonable inferences may have been drawn that for reason of expediency, he may also have anticipated’ some adversities and reasons to act.

Speaking to ‘Reputational Damage,’ media reports quoted him saying; ‘If we fail to act, the issue of a sewage problem is a significant threat to the water source for the reverse osmosis plant’ in the Falmouth Harbour’ [Observer: March 20, 2023].

PUBLIC AUCTION/AUCTIONEER

This development within the nation, has seen the ‘Online Selling’ of the ‘Russian Superyacht, Alfa Nero,’ continues to stimulate public interest, as many people appeared transfixed there may very well be no need to invite the general public to engage in active competitive bidding on property to be sold by the ‘Manager of the Antigua and Barbuda Port Authority.’

That which everyone knows is that this ‘Statutory Body’ is not the Government. Conversely, ‘the Government’ is not the ‘Port Authority.’

Speaking to ‘Public Auction,’ the ‘Amendment’ unambiguously states; ‘Where any person becomes the purchaser of the same by competition and by being the ‘Highest Bidder.’ 

HIGHEST ONLINE OFFER

Unlike former Turks and Caicos’ Prime Minister ‘Michael Misick’ who allegedly sold ‘Crown Land’ to buyers he knew, and siphoned-off some of the proceeds, ‘Port Manager Darwin Telemaque’ will not be positioned to become a ‘Victim of Temptation’ in fingering any portion of the ‘Offered Sum’ of ‘US$67, 000, 677’ [Boat International: June 16, 2023].

This sum represents the ‘Highest Online Offer’ of the ‘Luxurious Russian-owned Superyacht Alfa Nero.’ The same then valued at ‘US$81 million dollars.

POTENTIAL BUYERS

Research revealed that there were varying offers between ‘US$25’ to US66 to US$67.6 Million.’ These were reportedly offered by ‘Potential Buyers’ across the globe. No offers came from the Caribbean region. The exercise appeared to have offended the conscience, not only of the vast majority of the citizens, but also the last of the ‘Five Founding Constitutional Principles.’

This, principle given sectionalized recognition for ‘Constitutional Protection’ states; ‘No property of any description shall be compulsorily taken possession of, or compulsorily acquired, except for ‘Public Use,’ and except with the provisions of a law applicable to that taking off; (a) Possession; or Acquisition; and (c) For the payment of Fair compensation’ [CO: 1981: Section 9].

PRE-SALE FORMALITIES

Therefore, before the ‘Sale at Public Auction,’ the requisite ‘Pre-Sale Formalities’ shall be completed by the assigned public officer and contracted ‘Licensed Auctioneer [Section 7: Auctioneers Act: Chapter 37].

Such is not limited to mere removal of ‘Sealed Envelopes’ from a metal safe for examination and announcements.

Besides, for certain highly evaluated property, this shall be dutifully examined before sale at ‘Public Action.’

Hence, his/her required presence of the constitutionally-appointed ‘Director of Audit’ [CO: 1981: Section 97].

He/she shall ensure that no skullduggery or fraudulent transacts occur and that the Government receives adequate and satisfying proceeds after the transactions. 

INTELLECTUAL MOCKERY

Irrespective of the couched language used, those that have; (i) ‘Drafted the ‘Amendment;’ (ii) Tabled the Bill: (iii) Debated the Bill: (iv) Passed the Bill; and (v) Gave Royal Assent to become Law,’ appeared, either; (a) Innocently; or (b) Ignorantly,’ made ‘Intellectual Mockery’ of this constitutional provision.’

 

Section 2 of the Constitution,’ guides the knowledge that it is the ‘Supreme Law of Antigua and Barbuda.’

The most fundamental constitutional ‘Proviso’ reads: ‘If any other laws is inconsistent with the Constitution, this Constitution shall prevail.’

For brevity and clarity, it states, ‘The other law, to the extent of the inconsistency, shall be void’ [CO: 1981].

It is quite obvious that the ‘Amendment’ that provides for the ‘Port Manager’ to ‘Seize and Sell’ private property without remitting ‘Fair Compensation,’ seriously breached the ‘Constitution.’

SOVEREIGNTY

For want of testicular fortitude, the collective leadership of ‘Antigua and Barbuda,’ appeared to have harbored a peculiar sense of belief, that; (i) ‘The British; (ii) European; and United States’ interests, shall not only be protected by its ‘Sovereignty,’ but also supersedes that of the nation and people.

A sale conducted at ‘Public Auction’ is incomparable to a ‘Sale Conducted Online.’ In such ‘Auction,’ buyers compete for an asset by bidding other competitors out of ‘Financial Reach.’ In such case, the competitors know what the bids are.

In ‘Closed Bid Auction,’ competitors were never positioned to not know of each other’s offer.

Seemingly, buoyed by anxieties, the ‘Port Manager Darwin Telemaque’ appeared not to have been familiar with statutory-stipulated procedures, governing ‘Public Auction.’ 

MARITIME/PORT MANAGEMENT

Hastily and expediently, the ‘Amendment’ to the ‘Port Authority Act,’ clearly ‘chipped off’ authority statutorily resides with the ‘Director’ of the ‘Antigua and Barbuda Department of Maritime Services (ADOMS).’

Moreover, the ‘Amendment’ may cause an overly ambitious ‘Port Manager’ to harbor other beliefs. He may believe that: (i) ‘He is the new enforcer of ‘Admiralty Law:’ and (ii) He is more relevant to ‘Maritime Services’ provided by ‘ADOMS,’ than the scientific knowledge in ‘Maritime’ activities and work of ‘Attorney-at-Law, Ambassador, His Excellency, Dwight C. R. Gardiner’ [ADOMS: 2004-]. 

BLACK REPLICA OF NELSON

The experience of ‘Port Manager, Darwin Telemaque,’ with the ‘Selling of the ‘Russian-owned Superyacht, Alfa Nero,’ could see twilight descends upon his managerial tenure, earlier than the sun rises.

For, the ‘Non-Public Auction Sale’ may attract litigious visitations by the ‘Judiciary. When he, empowered by the ‘Amendment’ to the ‘Port Authority Act,’ and sold ‘Putin Yacht,’ he may have assumed a pompous and egoistic posture, as to have felt that he has become the ‘Black Replica of Admiral Nelson.’

Should this development not have seen as a bother to the ‘ADOMS Director,’ then ‘Kindergarteners’ shall all sing; ‘Ring-a- ring-a roses, Dwight pockets full -a-posies.’ 

GOVERNOR GENERAL: PERMISSION

The Law makes it sufficiently clear for ‘Grade 3 Students’ at the ‘T.N. Kirnon Government Primary School’ to understand.’

It states: ‘Notwithstanding anything contained in this ‘Act,’ the Governor General may grant permission to any public officer to sell at ‘Auction,’ any property on account of the Government’ [Section 7: Auctioneers Act: Chapter 37: Revised Edition-1992: Laws of Antigua and Barbuda]. The enactment, allows for officially sanctioned ‘Government Property,’ to be sold at ‘Public Action.’

LAW UNTO HIMSELF: SECTION 38 A’

The ‘Amendment’ to the ‘Port Authority Act’ appears to have made the ‘Port Manager,’ a ‘Law unto Himself.’ This not only clearly speaks to ‘Inconsistencies,’ but grievously conflicts with the ‘Supreme Law- the Constitution Order-1981.’

These might be seen with the ‘Expedient Insertion of Section 38 A,’ that has irrefutably positioned the ‘Port Manager’ to make ‘Non-Scientific Determinations’ on; (i) ‘Environmental and navigational issues; as well as (ii) Unilaterally undertaking administrative decisions, pertinent to ‘Public Auction,’ inferentially based on opinionated and/or figment of imagination and beliefs. 

SALE OF DEPRIVATION

There needs no ‘Rocket Scientist’ to explain ‘Auctioneering Science.’ The ‘Port Authority (Amendment),’ appeared to have been specifically passed for the purpose of facilitating a ‘Public Auction Sale’ of a yacht that speaks to ‘Incredible Worth and Luxury.’

The marine property, listed under ‘Foreign Sanctions,’ was identified as the ‘Russian owned-Alfa Nero.’

The legislative intent, deceptively gave legitimacy for;(i) Compulsory Acquisition; and (ii) Sale of Deprivation’ at ‘Public Auction’ with the insertion of a new ‘Section-38 A’ [Port Authority Act: Chapter 333]. 

HELL FIRE

Not infrequently, those ‘Spiritually Ordained’ to preach or deliver the ‘Holy Word,’ often appeared to have found themselves called upon to do that which was ‘Unholy or the In-judicial and Unjudicial.’

In the case of; (i) ‘Salvation Army Leader, Major Byron Maxam’ and ‘Magistrate Dexter Wason,’ such ‘Man of Cloth,’ and such ‘Member of the Magistracy,’ could very well find themselves helplessly and hopelessly destined to a place where, on the ‘Day of Judgment, the ‘Souls of Greed and Evil,’ shall be placed under constant torment of ‘Hell Fire.’ 

ANNOUNCEMENT CEREMONY

The Magistrate, Clergy and business representative, were invited primarily to; (i) …Give appearance of Transparency; and (b) Witness the retrieval from a ‘Safe at the Treasury of three Sealed envelopes of ‘Electronically-Dispatched offers.’

Their presence was of no consequence. Incidentally, opening and examining the contents, was the ‘Director of Audit Dean Evanson.’

He then announced the ‘Offers’ of; (i) ‘US$25M: (ii) US$ 66M; and (iii) US$ 67, 000, 677 million.’ The moderating commentary on the ‘Announcement Ceremony’ by State Media host, Garfield Burford’ can only be described as; ‘Par Excellence’ [ABS Tv/Radio: June 16, 2023]. 

LUCKY AND UNLUCKY

When Parliament speaks to ‘Public Auction’ of Government Property,’ it never meant electronically-communicated offers.’

If it were so, then likened to the other ‘Licensed Auctioneers,’ contracted ‘Customs and Excise Department Auctioneer,’ former Senator Michael Freeland,’ may now embark upon a new concept.

Though he appeared ‘Lucky and Unlucky,’ he could now remain in the privacy of his office ‘Auctioned.’

Incidentally having reportedly conducted a reasonably successful ‘Public Action,’ bad luck visited upon him. Firstly, his ‘Senatorial membership; Secondly, the netted proceeds of some ‘EC$119, 866.50.’

This sum reportedly kept in a parked motor vehicle’ [ANR: December 31, 2017].

ANNOUNCEMENT CEREMONY

Unfortunately, likened to the ‘Antigua Airways’ that disappeared from radar, and the Cameroonians’ that reportedly disappeared in ‘St. Kitts Water,’ that sum mysteriously disappeared.

The ‘Online Transaction’ appeared not to have escaped the scrutiny of the citizenry and the criticisms by some legal luminaries and practitioners.

While reputable ‘Observers’ in the persona of; (i) ‘Magistrate Dexter Wason;’ and (ii) Government Director of Audit, Dean Evanson’ attended the ‘Announcement Ceremony,’ none may provide attestation of; (a) ‘An actuality holding of a ‘Public Auction:(b) There was a public gathering; (c) There was active participation; and (d) There was competitive biddings.’

In fact, the only requisite presence was that of the Government-appointed ‘Director of Audit.’ 

COMMANDMENT ‘10’ – FIRE

Seemingly for a few dollars more, and ignoring ‘Godly Precepts.’ both men may have forgotten ‘Commandment 10.’ Those condemned to burning shall see no ceasing.

The body shall not burn to ash. Thus, there will be nothing for any ‘Religious Leader’ to say ‘Ash to ash and Dust to dust.’ Neither would there be ash to sprinkle on the surface of the sea.

That which they shall endure, will be a ‘Fire,’ never before experienced.

There will be no ‘Holy Water.’ Likened to social commentator, ‘Calypso Rose,’ they shall sing the same refrain; ‘Fire; Fire; Fire in me wire; …Darwin, bring me sea water’ [YouTube].   

DEPRIVATION OF PROPERTY

Notwithstanding the ‘Probono Patriotic Principle’ often associated with ‘Service to the nation,’ as ‘Time is Money,’ they shall all be gratuitously and satisfactorily remunerated.

Irrespective of ‘Lawful Authority,’ the ‘Antiguan and Barbudan; British; and American Observers’ shall have known that, secularly, the sale speaks to ‘Deprivation of Private Property.’

The citizenry, still holding aught against the ‘Observers,’ believed that their presence suggested participatory counselling of the State’ in the commission of the cardinal ‘Sin of Covetousness’ [Exodus: 20].

ONLINE BIDDING v PUBLIC AUCTION

The concepts, ‘Online Bidding or Offers’ and Public Auction,’ are certainly not the same. Thus, none shall be misguided or confused.

It is for these purposes that this commentary intends only to inform, enlighten and educate perfectly sane minds on the operability and applicability, of the ‘Auctioneers Act’ [1924: Chapter 37: 1992 Revised Laws of Antigua and Barbuda].

Not infrequently, the intellectuals have deliberately and deceitfully communicated to the unsuspecting and non-reading public the historic enactment and operation of a Law.

ENLIGHTMENT OF GENERAL PUBLIC

Few intellectuals have gone on to ‘Enlighten General Public,’ that a particular ‘Law’ was ‘Revised in 1992,’ and thus still active and applicable.

Transitionally, the ‘Constitution Order’ recognizes every pre-independence enactment as ‘Existing Law’ [CO: 1981: Page 79: Section 2]. 

As it affects ‘Public Auction,’ even as the ‘Amendment,’ speaks to ‘Competitive Participation,’ an apparent confused and procedurally-misguided ‘Port Manager, Darwin Telemaque,’ appeared to have believed that the ‘Sale of Russian Superyacht Alfa Nero’ was comparable with the ‘Online Shopping’ offered by ‘Amazon.’  

HIGHEST SUBMITTED OFFER

It has been the experience, that that the perceived novelty of some positions has caused some people, to harbor ‘Illusions of Grandeur and Power.’ Most fittingly, at the ‘Closing Ceremony’ to publicize the ‘Highest Submitted Offer,’ there shall be no dispute over that which reportedly transpired at the ‘Conference Room’ of the ‘National Treasury.’

There was no activity akin to ‘Public Auction,’ as stipulated and intended by Parliament.

In recapping the event, ‘Port Manager, Darwin Telemaque’ identified the purchaser and ‘Highest Submitted Offer’ by ‘United States Billionaire, Eric Schmidt’ of ‘US$ 67, 000, 677’ [ABS Tv/Radio: YouTube]. 

ALFA NERO: ABANDONED

The sale of the ‘Alfa Nero,’ may now position ‘Licensed Auctioneers’ to engage in ‘Non-Active Public Auction’ Online.

That which ‘Auctioneers’ may simply do, is to invite the attendance of; (i) ‘The professionally-competent ‘State Television’ host, Garfield Burford: (ii) Media personnel; (iii) ‘Man of Cloth.

Major Byron Maxam to pray and observe; (iv) Man in Businessman, Paul Ryan; (v) Magistrate Dexter Wason; and (vi) Government Chief Auditor, Dean Evanson.’ Should it be ‘Warehoused Cargo,’ they, most certainly, would need authorization of the immovable, ‘Comptroller of Customs Raju Bodu’ to declare as ‘ABANDONED,’ unclaimed or uncleared Cargo.’

He may consider whether or not ‘Licensed Auctioneer, Michael Freeland’ deserves another ‘Public Auction Contract.’

STATUS: SEIZURE – RUMMAGED – SOLD

The ‘Russian Superyacht,’ was formally processed and warmly welcomed by; (i) ‘Customs: (ii) Immigration; and (iii) Antigua Yacht Club’ to ‘Antigua and Barbuda’s’ territorial marine border.

In better times, the visit of the ‘Superyacht’ may have been seen more for revenue-generating reasons.

Then being bullied by nations enjoying ‘Super Power Status,’ the nation appeared to have submitted its ‘Sovereignty’ by; (a) ‘Coerced Seizure: (b) Rummaged by Foreign Agents; (c) Not appointed Special Constables [Section 74: Police Act: Chapter 330]; (d) Tinkering with Amendments to the Port Authority Act; (e) Electronically-Communicated Offers; and (f) Eventual Sale.’

These in one line, have virtually left its legitimate owners dispossessed and deprived of the right to the full enjoyment of their property’ [The Guardian: June 16, 2023].

GIBRALTAR AUCTION: AXIOMA

It is instructive to note that a recently ‘Sanctioned Oligarch,’ and owner of a ‘Russian Superyacht Axioma’ was reportedly auctioned in ‘Gibraltar’ with the proceeds intended to settle ‘Debt Claims’ by ‘American Financier JP Morgan.’ [Guardian: August 23, 2022].

In the case of the ill-fated ‘Russian Superyacht Alfa Nero,’ there were several fundamental issues.

These included; (i) ‘The visible absence of a ‘Legal Auctioneering’ agent, representative or firm to facilitate the ‘Public Auction Sale;’ and (ii) Absence of a ‘Licensed Auctioneer’ to conduct the exercise in the public domain,’ showed where the law has been completely ignored. 

REPROBATES AND RENEGADES

Not infrequently, some ‘Managers’ have been, and some must be used as ‘Reprobates and Renegades.’

It is expected that those so described, shall disregard any principle, law, rule and regulation, treaty and convention.

This shall be so, particularly, if the ‘Ends justify the means.’ Lest it be misconstrued, ‘Port Manager, Darwin Telemaque,’ is not in any of these two categories. In fact, he might be called, ‘St. Darwin.’

As ‘Seller of Russian Superyacht Alfa Nero’ he will face no difficulties; suffer no consequences, nor experience no indignities. That which he shall know is that ‘Public Auction,’ is not the same as ‘Online ‘Dating; Gaming; Shopping; or Bidding.’ 

DARWINIAN LAW 

If it were so, ‘Licensed Auctioneers: (i) ‘Nathaniel ‘Paddy’ James: (ii) Trevor ‘Teddy’ Santos; (iii) Algernon ‘Serpent’ Watt; and (iv) Wilmoth Daniel’ may all have been operating ‘Call Centers.’ Though the ‘Port Authority (Amendment) Act’ seems capable of being called ‘Darwinian Law,’ that which speaks to: (a) ‘The Proceeds of Crime; and (b) Instrumentality of Crime,’ are well outside the province, knowledge and professional competence of ‘Port Managers.’ These are well known statutory functions of ‘Criminal Law enforcers; (i) ‘The Police; and (ii) Office of National Drug and Money Laundering Control Policy (ONDCP).

Moreover, that which was also known as a function of ‘ADOMS,’ were ships registration and Marine Insurance, pre-requisites for their operations.

PIRATES OF FALMOUTH HARBOUR

In the eyes of the ‘International Yachting’ community, the action by ‘Port Manger, Darwin Telemaque,’ could very well position the nation and himself to be seen as a ‘Pirates of Falmouth Harbour.’

This could be viewed as second only to that being exhibited by ‘Somali Pirates’ on the ‘High Seas.’

This may have been seen when ‘Parliament’ appeared to have used its legislative muscle and majority in pommeling the owners of the ‘Russian Luxury Superyacht-Alfa Nero,’ out of legitimacy of ownership. Reportedly gloating over the ‘Amendment’ to the ‘Port Authority Act,’ Port Manager, Darwin Telemaque,’ was said to have seen the legislative initiative as far better than ‘Brownie’s Sliced-Bread; Bun and Butter; or Salami and Cheese.’ 

RUSSIAN VODKA

Notwithstanding the ‘Super High-Offer Sale’ of the ‘Russian-protected marine craft, the nation and people run the risk of being subjected to the ‘Fury of the apparent coldblooded warmongering ‘Russian President, Vladimir Putin.’

Inferentially, when ‘Parliamentarians’ considered the ‘Amendment,’ though they may not have ‘puffed’ the ’15 Grammes’ of the ‘Vegetable Substance’ Secondary school students’ were reported to have been ‘puffing’ on ‘Recess Breaks,’ something else may have befuddled their brains.

Since they may not have been under such influence, then it would be wrong to assume it was ‘Russian Vodka.’ Even so, ‘Parliament’ could never have intended that ‘Online Solicitation of Offers’ shall replace ‘Public Auctioneering.’

ONLINE SOLICITATION

That which such ‘Online Solicitation’ does, is to effectively eliminate active ‘Public Participation’ in open competitive Public ‘Auction Biddings.’

That which shall be borne in the minds of ever ‘Licensed Auctioneer,’ as well as members of the public, is that ‘Legitimacy’ of ‘Public Auction,’ is guided only by Law governing ‘Public Auction’ with stipulated legal procedures to be followed.

Thus, no ‘Port Manager,’ including ‘Darwin Telemaque’ could ever successfully argue, even in the ‘Fiery Pit,’ that ‘Parliament’ so intended.

Therefore, any ‘Port Manager’ that sells Yachts Online as obtained on ‘eBay,’ shall be mindful of this ‘Pit.’ Those that witnessed the unfolding event- ‘Clergy and Magistrates,’ shall also be mindful ‘When the roll is called up Yonder’ [….]. There will be no Auctioneer to shout ‘Going once; Going twice; SOLD.’ 

COMPETITIVE BIDDING

Parliament anticipated that with or without money, there would a gathering of members of the public.

It also anticipated that those with money may (i) Bid, as well as increasing upon the ‘Biddings’ made by others; or (ii) By decreasing the Sum made by the ‘Auctioneer or person acting as ‘Auctioneer, or other person at such sale; and (iii) By other mode of sale by competition,’ he/she shall be ‘an Auctioneer’ within the meaning of this Act’ [Section 1 (2) (c): Auctioneers Act: Chapter 37].

There was no evidence of Fact’ that; (i) ‘There was a ‘Public Auction; and (ii) A Licensed Auctioneer’ present and conducted the exercise.

HUMAN SURVIVABILITY

For ‘Human Survivability’ people in situations of desperation, were often told that ‘Necessity knows no law.’ Consequently, circumstances have often impelled them to develop ‘Survival Strategies.’

Except for the crooked and the greedy, just to survive, some may scheme and connive and cut and contrive.

Conversely, nations, impoverished and in dire economic straits, have often resorted to ‘Expediency.’

Thus, in legitimizing certain courses of action, the ‘Sale of ‘Russian Superyacht, Alfa Nero’ was seen slightly different to the exploits of the ‘Somali Pirates.’

They have seized and/or commandeered ships by ‘Force of Arms,’ while governments seize and sell through legislation.

BRINK OF WAR

The nation, neither at war with ‘Russia or Ukraine, nor the United Kingdom or the United States of America.’

Yet somehow, almost found itself at the ‘Brink of War’ with (i) ‘The United States (US); (ii) The United Kingdom (UK); and (iii) The European (EU).’

Making a case for dispossessing and disposing of the ‘Russian Superyacht, Alfa Nero,’ media reports quoted ‘Prime Minister Gaston Browne’ saying; ‘Antigua and Barbud could face reputational damage, among other issues, if it doesn’t quickly to remove the Russian-owned Superyacht Alfa Nero from English Harbour’ [Observer: March 2023]. 

MARITIME PIRACY

Clearly, that which ‘House Members,’ inclusive of ‘Speaker and President,’ may not have factored in their legislative deliberations, Chairmanship and considerations, was that likened to the entire citizenry, the ‘STATE’ is always ‘Under Subjection of Law’ [CO: 1981: FCP ‘D’].

When Parliamentarians reside ‘Power’ in a Port Manager to ‘Declare Ships and Seagoing Vessels; (a) ‘Abandoned; and (b) Deprived owners of their property, through ‘Public Auction Sale,’ the ‘Legislature’ run the risk of being seen as a ‘Body of Pirates.’

Such may very well be the time that Yacht owners could know if both ‘State and Port Manager,’ have set sail on a course to commit ‘Maritime Piracy.’  

FACILITATED DRAFTING

When the ‘Ministry of Legal Affairs (MOLA)’ caused ‘Amendment’ to the ‘Port Authority Act,’ legal luminaries saw this as an initiative of ‘Expediency,’ as opposed to one of urgent national necessity.

Seemingly, as the driving force, the ‘United States,’ through ‘Antigua and Barbuda Ambassador to the ‘United Nations,’ His Excellency, Ronald ‘Ron’ Saunders,’ inferentially, facilitated the drafting of the ‘Port Authority (Amendment) Act’ [No.1 of 2023]. Expediently, they ensured that the word ‘Sanction’ was intentionally inserted into the ‘Act’ without a ‘Legal Interpretation.’

Such is not only left to the whim and fancy of a ‘Port Manager,’ but shall apply to the ’Sale’ of a ship or vessel, ironically, declared by the ‘Port Manager’ as ‘Abandoned.’

IMMIGRATION/CUSTOMS FORMALITIES

Seemingly making out a case for ‘Environmental Protection,’ ‘Port Manager’ and apparent self-appointed ‘Environmental Officer, Darwin Telemaque’ speaks to the presence of the ‘Russian Superyacht Alfa Nero’ within the territorial water of Antigua and Barbuda.’

He saw inter alia; (a) ‘Environmental: (b) Navigational; and (c) Business operations hazards.’ The ‘Alfa Nero,’ lawfully gained entry through the ‘English Harbour/Falmouth Harbor Port of Entry.’

That which appeared to have escaped parliamentary attention, inclusive of those that chaired and sat in both the ‘Lower and Upper Houses of Parliament,’ may have been; (a) ‘The contents of the Amendments: (b) Mischief Aimed’ by Parliament; and (c) Auctioneers Act’ [Chapter 37].

LEGISLATIVE TINKERING

One may have seen the havoc caused by the ‘Legislative Tinkering’ in repealing certain ‘Sections’ of the ‘Police Act.’

It had left agencies, including: (i) ‘The Police Service: (ii) Magistracy; and (iii) Office of Director of Public Prosecutions (DPP)’ functionally-disabled. That which the ‘Port Manager’ may not have possessed are ‘Professional Degrees in; (i) Marine Technology; and: (ii) Marine Management’ [World Maritime University: Malmo: Sweden].

Seemingly, starved for knowledge, ‘Legislative Guidance,’ Parliamentarians appeared to have confused ‘Maritime Services’ with ‘Port Management.’

LEGAL CREATURE

Whenever the twin-island nation of ‘Antigua and Barbuda’ was seen by the citizenry as having made legal blunders, the first ‘Legal Officer’ that was apportioned blame for whatever blunders, was invariably Attorney General, ‘Steadroy ‘Cutie’ Benjamin.’ 

Constitutionally, he is a ‘Legal Creature,’ with the assigned responsibility as ‘Principal Legal Adviser to the Government’ [CO: 1981: Section 82]. Ministerially, he was appointed and assigned responsibility for ‘Legal Affairs and Justice.’

Though he has over all constitutional responsibility for all ‘Legal Matters,’ in the exercise of his functions, he is really not alone. 

LEGAL SLEUTHS

With him are; (i) The Solicitor General, Martin Camacho; (ii) Deputy Solicitor General, Joy Dublin; and (iii) Former Solicitor General, Lebrecht Hessey 92.’

When irate citizens called upon ‘Sir Gerald Owen Anderson Watt KCN, KC,’ to resign, he is really not the only ‘Grand-Daddy’ with functional association with this Ministry.

These esteemed ‘Legal officers,’ are supposedly, the ‘Legal Sleuths’ within the ‘Ministry of Legal Affairs and Justice.’

Not infrequently, that which may have been observed leaving this particular ‘Ministry’ have been courses of action, that have often begged for ‘Justice.’ 

ANNOUNCEMENT CEREMONY

As there was no ‘Competitive Public Action; evidenced by ‘Non-Active Biddings,’ in actuality, the ‘Port Manager’ became the ‘Offeree,’ while prospective buyers were the ‘Offerors.’

At the end of the ‘Announcement Ceremony,’ the highest sum, ironically, came from ‘United States Billionaire Eric Schmidt.’

The ‘Offeror,’ proposed to pay the ‘Offertory Sum of ‘US$67.6 million’ for the ‘multi-million-dollar valued ‘Superyacht of US$81 million.’

This was opened to external mega-wealth possessors. The ‘Sale and Yacht’ that remained berthed in the ‘territorial water of Antigua and Barbuda,’ have been the subject of ‘Civil Litigation.’

BENEFIT OF KNOWLEDGE

The closed-door ‘Offer-Reading Exercise’ was reported to have been accessible only to; (i) ‘Media professional; and (ii) Observers of; (a) ‘British: (b) United States; and (c) Antigua and Barbuda Governments interests.’

For the benefit of knowledge, the ‘National Law’ interprets ‘Auctioneer’ as; ‘Any person who; (i) ‘Exercises or carries on the trade or business: or (ii) Acts in such capacity; or (iii) Sells or offer for sale any; (a) ‘Goods; (b) Chattels; (c) Lands; (d) Tenements; (e) Hereditaments; or (f) Any interests therein’ [ Section 3 (1): Auctioneer Act: Chapter 37].  

CONCLUSION

Consequent upon the ‘Port Authority (Amendment)’ nothing may hinder an overly-ambitious and officious ‘Port Manager’ in moving into ‘Falmouth Harbor’ or ‘Dry Dock Yacht Marina’ to make impromptu inspection; irrational assessments and decisions.

Nothing hinders him/her in determining which Yacht might; (a) ‘Be seized; (b) Declared abandoned; then (c) Simply publish a ‘Notice’ as statutorily required in the ‘Official Gazette; and (d) After 90 days and before Sunset, sell ‘Online, and accept the ‘Highest Offer’ a ship or vessel of substantial worth and luxury, under the guise of; (a) ‘Environmental protection: (b) Navigational hazards; or (c) Want of insurance’ [Section 38 A: Port Authority (Amendment) Act: No. 1 of 2023]. 

For now, if nothing else, history and posterity may judge the behavior of ‘Port Manager, Darwin Telemaque,’ who acting out of zeal, docility and vain glory, as to be seen as hopelessly by reasons of environmental influence, seen through the coined concept; ‘Institutionalized Subserviency.

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