By Rawlston Pompey
From a Law enforcement practice, some professionals were never known to have used firearms to commit the criminal act of robbery.
From professional knowledge and experience, those starved of scruples, were often accused of using their ‘Superior Intellectual Skills,’ in fleecing or depriving innocent clients/victims, in acquiring just that their greedy little hearts considered desirable to be possessed.
In the instant case, the use of the intellect turns slightly on ‘Legalistic Opinions.’ Some appear intended to deceive the general public and defraud those of intellect, yet of gullibility and susceptibility.
CAUSE CELEBRE
If the meaning of ‘Cause Celebre’ is to be understood, it would be that which ‘Kings Counsels: Attorneys; (i) E. Ann Henry: (ii) Justin L. Simon; and (iii) Sir Gerald Owen Anderson Watt KCN and his Associates; (iv) Dr. David Dorsett; and (v) Jarid Hewlett’ has caused to saturate the pages of some news portals.
On the issue of the ‘Governor General’s Functional Authority,’ these esteemed ‘Legal Practitioners and Luminaries’ clearly have different interests. Some seemed interested to earn legal fees, however it is to be earned. Some have shown that the populace and nation’s interests, shall be protected from ‘Professional Vultures.’
FUNCTIONAL IMPOTENCE
Thus, some appear willing to provide ‘Legal Services’ that seemed; (a) ‘Pregnant with misinterpretations; (b) Reek of misinformation intended to misguide and shape beliefs on irrationally reasoned legal points; and (d) Provide suspected warped ‘Legal Opinions.’ Should ‘Governor General, Sir Rodney Errey Williams KGN, GCMG, MBBS,’ not mindful, legalistic and opinionated information may not only lead to confusion and erratic decision-making, but also be seen in a sorry state of ‘Indecision and functional impotence.’
PERSPECTIVE
The position taken, and the contents provide herein in this commentary, are only for the benefit of public information and enlightenment. It primarily seeks to provide an understanding of: (i) ‘The Statute Law’ as it relates to ‘Commission of Inquiry’ [1880: Section 2: Chapter 91: Revised Edition: 1992: Laws of Antigua and Barbuda; and (ii) The Constitutional provision as it relates to the ‘Functions of Governor General; (a) ‘Acting on the ‘Advice of Cabinet: (b) Acting solely on provisions of the Constitution and provisions of ‘EXCEPTIONS’ under ‘Section 80 (1): and (c) Any other Law that requires the Governor General to act’ [Constitution Order: No. 1106: 1981]. This is not opinionated. Lest it be misconstrued, it is given to understand, particularly those endowed with the skills of comprehension.
THE AUTHOR
The author holds no ‘Degree in Law,’ but boasts a reasonably successful career in ‘Criminal Law Enforcement.’ This has taken him to the highest level within the ‘Police Service of Antigua and Barbuda.’ He harbors no trepidation by any ‘Criminal Practice Attorney.’
Though awarded the prestigious ‘Queen’s Police Medal (QPM: 2004) for service to ‘Law Enforcement,’ he sees this more as a ‘Colonialistic Token,’ than an achievement.
Nowhere in these commentaries has the acronym ‘QPM’ was ever seen behind the name ‘Rawlston Pompey;’ (b) He holds no briefs: (c) Represents no interests, vested or otherwise: and (c) Takes on no advocacy regarding ‘Royally Commissioned Public Inquiry.’ Though it appears not to be recognized, such function resides only with ‘His Majesty’s Representative. Though he may read at his own risk, this commentary is really not for ‘His Excellency, the Governor General.’
FOWL AND COCKROACH
While humans often experienced creepy feelings about ‘flying and crawling insects,’ feathered animals appeared to have an insatiable appetite for the inescapable ‘Cockroaches.’
These appeared to be most appetizing to most flying feathered species. The cliché, ‘Cockroach has no business in fowl coup,’ stands true to its saying.
While this axiom was often said of people intervening in things that do not directly affect them, there may be no serious danger being entangled.
As regards humans, though they possess that which the ‘Cockroach’ does not possess, they have a ‘Sense’ that no animal, whether in the wild or in captivity, possess. In some places, for their colour, they are called ‘Mahogany Birds.’
They too, will be airborne when threatened with death.
LEGAL HEAVY WEIGHTS
Even so, sometimes, humans got into things that ‘Cockroaches’ may have instinctively avoided. Whether or not ‘Fowls’ have a unique craving for ‘Cockroaches,’ as it comes to the fight between the ‘Legal Heavy Weights,’ the author is prepared to risk being floored by venturing into their arguments.
This was on the full understanding that the ‘Legal Opinions’ of ‘His Majesty’s’ duly awarded ‘King Counsels,’ differing in their views, as they have, shall be accorded the utmost respect.
Suffice to say that their interpretations and understanding of the statutory provision that provides for the issuance of ‘Commission of Inquiry’ [COIA: Section 2: Chapter 91], the operative word ‘Lawful,’ appeared not to have been given unanimity in interpretations.
LEGAL STANDPOINT
Accepting that which was purportedly authored by; (i) The venerable, sometimes cantankerous and disagreeable and whatever else describes his personality, ‘Sir Gerald Owen Anderson Watt KCN, KC or ‘King’s Counsel,’ from a ‘Legal Standpoint,’ shall be described as a ‘Legal Luminary.’
His Associates (i) Dr. David Dorsett, a ‘Man of Cloth’ (Church Pastor): and (ii) Jared Hewlett, a still learning ‘Rookie Attorney,’ would have done well in putting their thoughts together. They speak to the issue of the ‘Governor General’s Authority’ in issuing a ‘Commission of Inquiry’ without being so ‘ADVISED’ by the Cabinet’ [CO: 1981: Section 80 (i)].
PARASITIC EARNING
While some legal practitioners appear to be ‘Parasitically Earning’ off the State, the overwhelming majority, appear to have been constantly pushed to the ‘Edge of Poverty.’ Surely, if Parliamentarians understood the mandate given and the people plight and concerns, likened to the legal practitioners that have called for ‘Transparency and Accountability,’ ‘Shugary Snyman,’ may have used his presence within the ‘Chambers of Parliament,’ not only in helping to build ‘Parliamentary Democracy,’ but also making democracy work in the wider society; That when a people have placed ‘Public Trust’ in those they trust, and have been given reasons to feel distraught, instead of submitting to environmental pressures, they shall bravely crest the waves until the water gets calmer.’
REMUNERATED LEGAL SERVICES
The ‘Law Firm of Watt and Associates’ is not only known as a reputable team of ‘Legal Practitioners,’ but also a ‘Law Firm’ often engaged for the purposes of providing ‘Remunerated Legal Services’ to many ‘Government Departments.’ Most notably, has been the constitutionally-established ‘Police Service Commission (PSC).’
The Services rendered might be seen in the ‘Legal Matters’ involving the apparent acrimonious and victimized sacking of ‘former Commissioner of Police, Wendell Robinson’ [Suspended: Observer: April 5, 2018: Litigation: November 25, 2019: Sacked: October 26, 2020: Litigation: ANUHCV: 2020/0217].
INARGUABLE FUNCTIONAL STIPULATIONS
While the ‘Constitution Order’ has inserted into ‘Section 80 (1),’ inarguable functional stipulations,’ those so giving ‘Legal Opinions,’ as opposed to ‘Advice,’ shall have been prudent in looking at the ‘EXCEPTIONS’ contained therein. One non-legal social media commentator, identified as ‘Dion Pelle,’ has made such observation [ANR: June 7, 2023]. Clearly, this may have been due to inadvertence on the part of many legal practitioners, including the ‘Interventionists; ‘Watt and Associates.’
The inarguable ‘Exceptions’ state: (i) ‘…Except in cases where other provision is made by the Constitution; and (ii) Any other Law, and without prejudice to the ‘Generality’ of this ‘Exception,’ and in cases where by; (a) ‘This ‘Constitution; or (b) Any other Law he is required to act’ [ANU: CO: 1981: Section 80 (1)].
GOVERNOR GENERAL’S MANDATE
That which seemed to have been a soaring ‘Heat Wave,’ has been the issue over the ‘Governor ‘General’s Mandate’ to act on the ‘Advice’ of the Cabinet in performing his functions as stipulated in the ‘Constitution Order.’
Even as solicited and non-solicited ‘Legal Opinions’ have been rendered, clearly appears to be one for debate. That which ‘His Excellency’ may have sourced other than ‘Legal Opinions,’ may have ‘Legal Advice.’ Widely known as one of the ‘Government’s Legal Services’ provider, the ‘Law Firm- Watt and Associates’ has also taken its legal position to social media.
STORM OF CONTROVERSY
Clearly, any omission of these ‘Exceptions,’ rightly or wrongly, could easily be viewed as ‘Mired in Patronizing Deception.’ In spite of, and amidst the ‘Storm of Controversy’ facing Governor General, His Excellency.
Sir Rodney Errey Williams KGN, GCMG, MBBS’ over his authority or lack thereof, in issuing a ‘Commission of Inquiry,’ he could easily climb to the summit of ‘Mount Obama.’ With some expertise in ‘Sports Medicine,’ this seems achievable without calling upon ‘Sir Lester Bryant Bird KCN’ for ‘Aspirin,’ or the ‘Medical Center for an Ambulance’ or a ‘Fire Tender’ to bring him cooling water in this rather hot weather.
MINDSET IN ACCEPTANCE
Likened to the devasting and destructive ‘Wildfires’ now rapidly consuming parts of Canada, obscuring the skies over the ‘United States,’ the debate on whether ‘Governor General, His Excellency Sir Rodney Errey Williams KGN, GCMG, MBBS’ and his functional authority, rages on. Sourced and unsourced ‘Legal Opinions,’ appeared to have trapped ‘His Excellency’ in a ‘Mindset in Acceptance.’ Some Legal Luminaries’ and some ‘Legal Quacks’ have opined that no such ‘Authority,’ neither; (a) Constitutionally; nor (b) Statutorily’ to issue a ‘Royal Commission of Inquiry’ resides in his office.
JCPC: UNFETTERED ACCESS
Even for the enjoyment of the novelty of the ‘Office of Governor General,’ one shall never be seen as; (a) ‘Functionally Impotent,’ as to be seen as subjecting himself to remunerated ‘Intellectual Functionaries.’ Even when solicited ‘Legal Opinions’ were given or unsolicited ‘Legal Opinions’ were published to lend indirectly, personal positional support he/she, runs the risk of being seen as ceremonially-misdirected functionaries.
Moreover, when he/she is seen as solely reliant upon ‘Patronizing Functionaries’ for ‘Legal Opinions,’ he/she also run a graver risk of losing respect and confidence of the populace. Thus, it cannot be overly emphasized that which ‘His Excellency’ may rely only on, and that which he has ‘Unfettered Access’ for ‘Legal Advice.’ This shall always be the ‘Judicial Committee of the Privy Council (JCPC).’
SUSPICION- DECEPTION
From the ‘Legal Opinions’ read on social media, some have been viewed as reek of ‘Misconception; Suspicion and Deception.’
Given the issue that appeared to have moved some ‘8,000 Qualified Voters,’ in petitioning his office to act, and surrounds a national Airline named ‘Antigua Airways,’ necessarily would arouse suspicions. This might be particularly be so, when not necessarily for financial reasons, or mechanical failure or human error, as fast as it became operational, it reportedly became defunct.
The abruptness provoked suspicion of conduct, bordering ‘Malfeasance.’ Challenging the collective, legal positions of ‘King Counsels Justin L. Simon,’ in social media, ‘House of Representatives Speaker, Sir Gerald Watt KCN; and Associates Pastor Dr. David Dorsett, along with rookie attorney, Jarid Hewlett,’ took the attack on their opinion to social media.
VERBALLY AND VICIOUSLY
This Statutory provision on the independent issuing of a ‘Commission of Inquiry’ by the ‘Governor General,’ has triggered national discussion.
Disguisedly and disgustedly, yet indirectly and collaboratively, they have numerically strengthened some five ‘Solicited Legal Opinions.’ Be that as it may, ‘His Excellency’ has no obligation to be so guided, neither by solicited or unsolicited ‘Legal Opinions.’ As his ‘Majesty’s Representative,’ he still reserves the right to seek ‘Legal Advice’ from ‘His Majesty’s learned Councilors on the ‘Judicial Committee of the Privy Council (JCPC)’ [United Kingdom].
COLLECTIVE LEGAL OPINION
Seemingly holding firmly to their collective harbored belief and legal view, the ‘Law Firm-Watt and Associates’ shared through social media a ‘Collective Legal Opinion.’ They have supported that which the ‘Cabinet of Antigua and Barbuda’ reportedly pursued and obtained. In a release to the media, it was revealed that; ‘TWO’ Legal Opinions were obtained from ‘King’s Counsels’ (no identity), via the ‘Ministry of Legal Affairs’ regarding the ‘Authority’ of the ‘Governor General’ in relation to the establishment of ‘Public Inquiries.’ [ANR: May 25, 2023]. The trio came out attacking ‘Verbally and Viciously’ spewing disparaging remarks at their colleagues, decrying their knowledge on matters of constitutionality.
AUTHORITATIVE AND AUTONOMOUS
Framers of the ‘Constitution Order’ anticipated that the ‘Governor General’ shall not only be subjected to the ‘Advice of Cabinet,’ also shall be Authoritative and ‘Autonomous.’ Inferentially, they have said to ‘Governors General,’ particularly, those who possess inter alia: (a) ‘Superior intellect; (b) Endowed with reason and conscience; (c) Independence of mind; (d) Strength of character; and (e) Integrity; ‘It shall not be necessary to await the Cabinet for ‘Functional Advice.’ That which they have said to ‘His Majesty’s Representatives,’ ‘His Majesty, The King,’ has provided ‘Testicular Fortitude’ to a Man’ and those of the opposite sex, the ‘Strength of a Woman.’
COWARDICE AND INDECISIVENESS
Her Majesty then alerted; ‘There will be trials and temptations. You will be frightened into believing that ‘Fire and Brimstone’ await you somewhere not too far from ‘Heaven,’ but still not close to it.’ This may only happen if ‘Cowardice and Indecisiveness’ removed your endowed ‘Reason and Conscience.’
These are necessary to guide ‘His Majesty’s Representatives’ through difficult situations and in making rationally-informed decisions. Given the apparent difficulties facing ‘His Excellency,’ looking at both the ‘Constitutional and Statutory provisions, the ‘Opinionated Legal Conclusions’ read on this news portals and reportedly offered by some ‘University Professors and Lecturers, they are capable of being likened to ‘Architects’ that do not construct infrastructure.
EXCEPTIONS/TRANSITIONAL PROVISIONS
Except for the Law Firm of ‘Watt: Dorsett; and Hewlett,’ likened to musicians playing their instruments off-key, by not addressing; (a) ‘The ‘EXCEPTION’ provided in Section 80 (1); and (b) The constitutional ‘TRANSITIONAL PROVISIONS’ [CO: 1981: Page 79], some opinions may have been seen as flawed.
Some have clearly not considered the ‘Language’ contained in the ‘Commission of Inquiry Act’ (COIA).’ Such seemed not to comport with the views or opinions of others of similar legal practice, knowledge and experience. Some have argued, and continue to argue over the ‘AUTHORITY’ of the ‘Governor General’ establishing a ‘Commission of Inquiry without the Advice of the Cabinet,’ while the statutory provision speaks to ‘LAWFULNESS.’
WOEFUL WANT: KNOWLEDGE
Should it be inferred that after ‘attainment of independence’ the ‘Functional Status’ of the ‘Governor General’ has changed, then it may have been due to either; (a) ‘Grievous lack of constitutional research; or (b) Woeful Want of Knowledge.’
The ‘Transitional Provision’ states: ‘Until such time as a person has assumed office of ‘Governor General’ having been appointed as such in accordance with Section 22 of the Constitution, the person who on ‘31st October 1981,’ and held office as ‘Governor of Antigua and Barbuda’ shall discharge the ‘Functions of Governor General’ [Transitional Provision: Section 1: Page 79].
CONSTITUTIONAL PROVISIONS
The ‘Legislative Records’ will show that functioning as ‘Her Majesty, Queen Elizabeth II as ‘Governor,’ on the attainment of Independence, his re-designation was that of ‘Governor General’ [1981-1993]. He was succeeded by Governor General, His Excellency, Sir James Beethoven Carlisle ‘KGM, GCMG.’
It can be authoritatively said that the ‘Constitution Order’ further makes both the ‘Interpretations and Legal Opinion’ purportedly authored by ‘Legal Experts’ and that contained in a news report by ‘Watt: Dorsett; and Hewlett ‘Seriously Flawed’ [June 7, 2023]. It needs no legal qualifications to understand this constitutional Provision: It contains no sophisticated or ambiguous language that not yet called to ‘Legal Practice,’ Member of Parliament, Maria Vanessa Bird-Browne’ to explain to her ‘Baby Princes Browne.’
EXISTING LAWS
The provisions states; ‘The ‘Existing Laws’ shall, as from ‘1st November 1981, be construed with such: (i) ‘Modifications: (ii) Adaptations: (iii) Qualifications: and (iv) Exceptions’ as may be necessary to bring them into conformity with; (a) The Constitution: and (b) The Supreme Court Order’ [Transitional Provision: Section 2: Page 79].
The argument over the ‘Commission of Inquiry Act-1880,’ shall not be starved for Ventilation. In understandable scholarly language, ‘Watt: Dorsett; and Hewlett’ purportedly wrote: ‘Due regard must be had to the genesis of the legislation which was passed in ‘1880,’ when the decisions such as this were made by the ‘Governor’ who was supported by the ‘British Monarchy,’ not so post 1981 when ‘Antigua and Barbuda’ attained its independence, and governed under the provision of the Antigua and Barbuda Constitution which provided for Government by an ‘Executive or Cabinet’ [ANR: June 7, 2023].
INTERPRETATIVELY FLAWED
These ‘Laws were revisionally looked at ‘Government House’ by then eminent and well-known regional Attorney-at-law, Grenadian-born, ‘Governor General, His Excellency, Sir Wilfred Jacob GCMG, KCVO, OBE’ [October 19, 1919 March 11, 1995]. The exercise, reportedly, was painstakingly and tediously conducted over a decade.
The ‘Commission of Inquiry Act,’ appeared not to have been given legislative consideration, neither for; (a) ‘Amendment; (b) Repeal; nor (c) Replacement.’ Hence its ‘Adaptation and Continuance.’ Consequently, that which undeniably made the ‘Legal Opinion’ of ‘Watt; Dorsett; and Hewlett,’ ‘Interpretatively Flawed.’ Still ‘Law Firm,’ the three-member team of Attorneys have asserted that those with opposing ‘Legal Opinions,’ have been declared ‘Wrong in Law’ [ANR: June 7, 2023].
REVISED EDITION -1992
After their dint of hard work, the ‘Revised and Consolidated Laws’ found favor with the Legislative body. Several of the ‘Existing Laws’ were either amended, while several were ‘Adapted’ in their language and form, as well as the ‘Mischief Aimed’ by Parliament. Undoubtedly, the ‘Commission of Inquiry Act (COIA)’ was among several enactments that were adapted for conformity with the Constitution Order’ [CO: 1981].
Hansard shall show such amendments to those ‘Revised’ and those Adapted and Consolidated. These came into force in the ‘Year 1992.’ Those that have been the subject of criminal prosecutions, may have observed that on every ‘Copy of Charge,’ the words and Year; ‘The Revised Edition 1992 of the Laws of Antigua and Barbuda.’
LURED – LED – MISGUIDED
In the media response by ‘Watt; Dorsett; and Hewlett,’ the latter’s Seniors, ‘Messrs. Simon and Henry,’ far more experienced in ‘Legal Affairs and Legal practices, need not take umbrage with the apparently ‘Lured; Led and Misguided.’
Though these ‘Legal Practitioner,’ appeared to have firmly-held beliefs, it might still be useful if those that have provided ‘Legal Opinions, solicited or unsolicited, devote some time to properly inform themselves of the ‘Revision and Consolidation’ of the Laws.’
They may also wish to credit the ‘Legal Services’ rendered by then ‘Governor/ Governor General, Sir Wilfred (deceased) and former Attorney General Keith Forde QC,’ for their ‘Wisdom, Legal Vision and Foresight.’
TRANSFIXED: CABINET ADVICE
From advanced professional ‘Management Training,’ students were enlightened about the concept ‘Pre-conceived Ideas.’ When explained, students then knew that; ‘The eye see and the ear hear what is already in the mind.’
As it affects human perceptions nothing that can be explained, could convince them against their will.’ Sir Gerald Owen Anderson Watt KCN, King’s Counsel’ and his ‘Associates,’ appeared to have been; (a) ‘Transfixed on Cabinet Advice; (b) Power and authority of the ‘Governor General,’ pertaining to the issuance of a ‘Commission of Inquiry; and (c) Financial expenditure that will necessarily be incurred.’
PUBLIC WELFARE
Situationally, they shall be guided, either by; (a) The Letter of Law;’ (b) The Spirit of Law.’ They shall be well positioned to know when the ‘Letter or Spirit’ shall be applicable. For the benefit of knowledge, the statutory provision unambiguously states; ‘It shall be Lawful for the Governor General to issue a ‘Commission of Inquiry’ if; (a) ‘He deems it advisable: (b) In his opinion; and (c) It is for the ‘Public Welfare’ [COIA: Section 2: Chapter 91].
Seemingly, not factored in the ‘Unsolicited Legal Opinion’ of ‘Watt; Dorsett; and Hewlett,’ are the two most important words in the legislation, ‘Public Welfare’ [1880: Section 2: Chapter 91: Revised Laws of Antigua and Barbuda: 1992]. Clearly, the ’Watt and Associates Team’ appeared to be ‘wrong in both ‘Fact and Law.’ While a ‘Governor General’ shall be guided by proper and formal ‘Legal Advice,’ he/she shall never be confused by ‘Legal Opinions.’
QUALIFICATIONS
Though further into the Act, it speaks to ‘Expenses’ that will inevitably be incurred for the ‘Services’ of those engaged, the ‘Qualifications’ for so functioning includes: (i) ‘The well-formed belief of the Governor General in so deeming it ‘Advisable; and that; (ii) He/she has so formed such an opinion.’
It shall be reasonably inferred that these shall be contingent upon that which was so presented to him by the people, other than that which on which ‘Cabinet’ may ‘Advise’ the ‘His Majesty’s Representative’ to do as the Constitution provides’ [CO: 1981: Section 80 (1)].
That which shall be of paramount importance for any ‘Governor General’ performing his/her functions, is that he/she shall know that it shall never be seen to be acting to the whim and fancy of any governing administration.
KING COUNSELS v PRIVY COUNCILORS
There may have been a very good legal reason that ‘Her Majesty, Queen Elizabeth II’ to have made a clear distinction between: (a) ‘Privy Councilors: and (b) King Counsels.’
The former speaks to their ‘Service to, then Her Majesty, and now His Majesty’ on the august body. These are the ‘Law Lords and Law Ladies’ that sit and serve on the ‘Privy Council’ and render ‘Legal or Judicial Advice’ to then, and now His Majesty, King Charles III; His Heirs and Successors.’ Conversely, the latter speaks to a ‘Titled-Award,’ not for rendering ‘Service or Advice’ to ‘His Majesty,’ but ‘Service’ to the ‘Legal Profession’ within the Commonwealth nations.’
MOST PECULIAR
If it were not, though he boasted that ‘Kings Counsels-Justin L. Simon and E. Ann Henry’ have never appeared before ‘Constitutional Courts,’ he may have been a ‘Sitting Judge’ on those Courts. Clearly, among the two leading and most up-to-date and reliable ‘Local News Portals.’ The ‘Antigua News Room’ has published a particular ‘Legal Opinion’ on the instant issue under public discussions.
That which appears ‘Most Peculiar’ was that the news report, except to state: ‘The Legal experts reached a conclusive decision that the Governor General lacks the power to initiate a Public Inquiry’ [ANR: May 25, 2023].
Clearly void of ‘Content and Source,’ this news report, appeared either intended to cause ‘Trepidation’ in an otherwise upright, courageous, fearless and decisive former Government Minister, and currently ‘His Majesty’s Representative’ as ‘Governor General’ for the nation of Antigua and Barbuda.’
CONCLUSION
As it relates to the ‘Functions of Governor General,’ when ‘Legal Luminaries and Legal Quacks,’ speak to the particularly referenced ‘Section 80 (1) of the Constitution Order,’ and only sought to highlight only that which states: (i) ‘In the exercise of his functions, the Governor General shall act in accordance with: (a) ‘The advice of the Cabinet; or (b) A Minister acting under the ‘General Authority’ of the Cabinet’ [ANU: CO:1981: Section 80 (1)], when ‘Legal Experts’ made no reference to the clearly expressed ‘EXCEPTIONS, they will have been speaking partly to deception.
That which the distinguished, approachable and affable, and seemingly, among the most respected ‘Governors General, His Excellency, Sir Rodney Errey Williams KGN, GCMG. MBBS,’ the people have ever welcomed, may wish to remind himself, is that he runs the risk of being seen as; (i) ‘Doing an egregious disservice to himself; and (ii) A grievous injustice to the common good, and that of the ‘Island-paradise nation- ‘Antigua and Barbuda.’
That which he needs no reminder is that while consequences loom, ‘…The King can do no wrong; …Long Live the people; …Long Live the ‘Governor General; …Long Live ‘His Majesty, The King’ and …Long Live the nation.’ When people die, ‘The Good is oft interred with their bones’ [Mark Anthony].’
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After reading this article the moral of the story is Sir Gerald et al has released some honey in an effort to KNUCKLE Astaphan KC just in case the matter goes to court, they will be in the lead to back I their truck and capitalize on hundreds of thousands of tax payers dollars.
Mr Pompey you peep the shot good. Asthaphan KC balm in your court now. He may be on all the talk shows advocating for the job if he feels as if a KNUCKLE is eminent.
@ RAWLSTON POMPEY
Mr. Pompey I must apologize. I read your article in its entirety. This is an EXCELLENT ARTICLE. Well written and fully explained. BIG up my Friend Mr. Pompey. Respect.
This man flew all the way to England to stand before white-wigged curly haired lords just to hear that:
“the claimants have NO REALISTIC PROSPECT OF SUCCEEDING in their claim under section 9(1) of the Constitution so that the Court of Appeal was correct to strike out that claim. The Board will therefore humbly advise Her Majesty that the appeal should be dismissed.”
Imagine the colonial descendents wondering if the coloured folks still MENTALLY ENSLAVED even years after physical slavery. “NO REALISTIC PROSPECT OF SUCCEEDING”
Better to stick with Chakoo Sinister for the real legal opinion. Chakoo and school children know the land no belong to Barbudans. Land is VESTED IN THE CROWN not Trevor Walker or BPM.
Wasted time, wasted monies, wasted nonsense…..8 hour flight both ways to receive DEFEAT?
@Hmmmm -They would have also been surprised if and when they learned Justin played a major role in creating the sham Barbuda land act. I can also suppose the BPM met with him when he too was inebriated. Then there was his statement my client had no issue with the prior court judgment only to moments later state, i just learned we have appealed it. Lets just call him Justin “not ready” Simon
@tenman “NOT READY” is right. Even Wilmoth Daniel publicly mocked him on radio about his LOSING STREAK!!!!
At least Chaku know his place!
Misconception ans déception! There needs to be a Commision of Inquiry. No one is above the law.
My dear friend Mr. Pompey I rarely disagree with your position but I am afraid I must disagree with your position that the Governor General has the power to call a commission of Inquiry on his own volition. The Constitution and law are quite clear on this issue. Section 80 (1) of the Constitution clearly states that the Governor General in the exercise of his powers must act on the advice of Cabinet. The Constitution also outlines the EXCEPTIONS where the Governor General can act on his own volition. However, section 2 of the Commission of Inquiry Act that you advance as the justification for the Governor General to act on his own volition to call a commission of Inquiry does not give him that power. It is not one of the EXCEPTIONS stipulated by the Constitution where he can act on his own volition. I believe in this case it is your interpretation of the Constitution and law that is flawed.
@Tabor – Yep my understanding is the only time he can act independent is when he can get no advice due to eg when there is no clear guidance (eg who commands the supports of the majority). Pompey and his crew pretending they don’t know the constitution trumps all other laws. He may argue he is just agreeing with other King counsels but one of those same KC’s had a difference stance when AG and argued in the LB and Assot vs AG et al case that it was correct (required) for cabinet to advise the GG to institute a COI. If they believed the GG could act independently why did they advise the GG to act which then allowed LB and AM to bring in political statements that had been made by then cabinet members of their intension to in essence get AM and LB locked up? The court ruled against the former AG
Sorry Sir your article is too Long for this forum.
TERRIBLY SORRY -JP
Here is a ‘Short Story,’ more of a riddle, though.
‘…Just like people going for a ‘Walk,’ one day a ‘Hawk’ went for a ‘Fly.’
As it flew by a ‘…Mango Tree,’ it saw and heard a number of ‘Bats’ on it.
It said, ‘Good Morning to you ‘…Hundreds of Bats,’ but none responded.
They were all sleeping.
It then, threw up into the tree, a green mango.
They became disquieted, and asked, ‘…Why are you disturbing us?
It answered, ‘…I just want to say: ‘…Good Morning to you hundreds of Bats.’
All the ‘Bats’ said, ‘…We are not hundreds: …We are a number.’
The ‘Head Bat’ said: ‘…We are tired, so leave us alone.’
Go back home with this and figure it out.
Now, you said we are ‘Hundreds’ when we are not:
TO BE A HUNDRED: WE WANT:
(i) ‘…Twice as much:
(ii) …Half as much:
(iii) …Quarter as much: and
(iv) …Yourself to make ‘One Hundred.’
PLEASE:
Come back tonight, when we will not be sleeping and tell us how many ‘BATs’ were on the ‘…Mango Tree.’
NOW:
This is a ‘Short Story/Puzzle.’
Please see how long it will take to figure the ‘…NUMBER OF BATS,’ than the time it may take reading the commentary.
Do know that my friends: ‘…Charles Tabor: …Brix: .Melly and Ten’ may also wish to try to figure out, as well.
Blessed Friday, ‘JP.’
@ RAWLSTON POMPEY
Mr. Pompey I must apologize. I read your article in its entirety. This is an EXCELLENT ARTICLE. Well written and fully explained. BIG up my Friend Mr. Pompey. Respect.
There was a time in Antigua and Barbuda’s history when every parent thought that being a doctor or lawyer was the only option. As a result, Antigua now has more lawyers and doctors than a population of 100,000 can support. A brethren of mine, a lawyer, now residing in the U.S, told me that unless as a lawyer you have a government contract, it will be a struggle.
Of course, Antiguans are infamous for ,”keeping up appearances, ” but you need money to do so. This makes many in high places bribable. We now know,that people will sell their souls for a few dollars more. Nothing accentuated this more than Covid-19. Many supported the kill shot for a price
Well said KC Simon. Layers are not immune. They too will write opinions for a price.
An excellent piece from an ordinary layman, not schooled in the law but always eloquent.
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