Dear Editor,
We live and learn. And, lawyers sometimes differ; hence Courts are asked to decide, and we abide.
Having read that “Two UK King’s Counsel say Governor-General has no power to call an inquiry”, I immediately sent a WhatsApp to the Hon Attorney General requesting that he disclose, in the public interest, the legal opinion that he received in light of the fact that two local King’s Counsel have earlier this week opined a contrary view – that the Governor-General can act independently and at his discretion in appointing a Commission of Inquiry.
It certainly is not sufficient for the Chief of Staff in the Office of the Prime Minister to simply say that the (UK Legal) experts have concluded that the Governor- General has no such power. Both Ms. E. Ann Henry, KC, and I the undersigned, would like to be informed where we went wrong in our interpretation and assessment of the relevant law.
This is a matter of general public interest, and we need to know why Mr. Hurst is baffled by my statements.
The Commissions of Inquiry Act, Chapter 91 of the Laws of Antigua and Barbuda provides in section 2 that “It shall be lawful for the Governor-General whenever he shall deem it advisable, to issue a commission appointing one or more commissioners, and authorizing such commissioners … to inquire. into any matter in which an inquiry would, in the opinion of the Governor-General, be for the public welfare..” [my underlining to give emphasis to the words.
Nowhere in that, Act is the Prime Minister or any other Minister or the Cabinet mentioned. And section 17 provides that “The Governor-General mav direct
what remuneration, if any, shall be paid to any commissioners acting under this Act, and to their secretary, and to any other persons employed in or about
any such commission,… Such sums, so directed to be paid, shall be paid by the Accountant-General out of the ordinary cash balance in the Treasury.
The English language seems pellucidly clear to me.
I accept that the Governor-General shall hold office during His Majesty’s pleasure and shall be His Majesty’s
representative in Antigua and Barbuda.
I also accept that our Constitution is the supreme law of Antigua and Barbuda and that section 2 further provides that”. subject to the provisions of this
Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the
inconsistency, be void’
Chapter V of the Constitution speaks to the Powers of the Executive branch of Government and provides that the executive authority of Antigua and Barbuda is
vested in His Majesty and may be exercised on behalf of His Majesty by the Governor-General either directly or through an officer’s subordinate to him.
Section 80(1) of the Constitution provides that “In the exercise of his functions the Governor-General shall act in accordance with the advice of the Cabinet
or a Minister acting under the general authority of the Cabinet except in cases where other provisions are made by this Constitution or any other law, and,
without prejudice to the generality of this exception, in cases where by this Constitution or any other law he is required to act – (a) in his discretion; (b)
[my underlining to give emphasis to the words].
I am and remain of the view that section 2 of The Commissions of Inquiry Act quoted above gives the Governor-General the power to act in his own deliberate
discretion – and not on the advice of anyone.
Just check the words which I have underlined.
In summary, that is my reasoning; and Ms. E. Ann Henry, KC, is of the same opinion.
I therefore respectfully ask the Hon. Attorney General and/or the Chief of
Staff to disclose the legal opinion that they have received from the UK King’s Counsel, that we may assess and note where our reasoning is faulty, and
acknowledge that we are wrong.
The public too, needs to know.
Kind
Regards, Justin L. Simon, KC
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You wait long Justin. It will never happen because dem lie, dem lie, dem lie.
Yes Sir! It’s only some people they can fool!
@ We ready
They are just barefaced LIARS.
Justin Simon KC’s request is very reasonably argued that even a lay person like myself can understand.
He has made an opinion which is agreed by another local KC, so if it is that their reasoning is faulty, then point them in the direction that will enlighten their understanding. That should be simple enough to do.
I’m so glad Mr. Simon is standing up to those bullies. Someone needs to hold them accountable for all the lies they feed the people of Antigua.
I have never seen a Cabinet fight SO HARD to hide information from the general public. It can only be that there are some misdeeds that need to be hidden away from the light of day at all costs. If the Cabinet and its Ministers have done no wrong and have nothing to hide then why are they fighting at all costs to prevent an investigation into Antigua Airways? Give us logical reasons.
The last time I asked a simple question. Is it so strange why Justin Simon, when he was our Attorney General, lost so many cases?
He even led the BPM (Trevor Walker and Frank) to the Privy Council to defend their right to the lands of Barbuda and LOST. I mean do you people want me to name every case he lost and how much it cost the taxpayers. As I mentioned the biggest was the lost at the Privy Council of the APC (Hadeed) Generators case. Cost EC$200 million. No one ever questioned how we will pay for this one. Now here comes Gaston Browne, negotiating with the Hadeed family and the settlement is an extension of the contract. So, we are being provided with electricity for a longer period by the Hadeed’s allowing them to make up the loss of the $200Million.
Justin has been wrong on more times then right.
@ FTS
Your utterances are totally irrelevant.
You are nothing but a typical spin doctor. I guess all of you minions are lost for words.
What are you bobbing and weaving if you have nothing to hide.
Antigua people are not stupid???
@From the Sideline
Why not ask Max Hurst to produce the legal opinion? You Gaston supporters always come up with some argument irrelevant to the issue at hand. Please, not all Antiguans stupid.
@FTS: Attack the messenger rather than address the message. You are nothing more than a political hack trying to provide cover for Gaston and his cronies so that they don’t have to answer for Antigua Airways.
@From The Sideline.
For crying out loud, stick to the subject on hand and stop making a fool of yourself. Justin Simon QC KC has skewered the government. Why not lie low until the storm passes, keep your head below the parapet. pick yourself up, brush yourself down and start all over again when appropriate? Defending the indefensible is not worth the effort. Man up!
FTS, to your question, “do you people want me to name every case he lost and how much it cost the taxpayers?”
Well, I would like to you to list the number of INJUNCTIONS filed by the ALP to avoid court hearings when Justin Simon was the AG.
@ ….illegal printing…….be called
Very valid point……they kept filing injunction because they had lots of money….thats the modus operandi of the thieves in the ABLP.
The ALP was never on trial. So there goes another lie. Asot Michael was on trial.
And his lawyers defended him very well I must say. Because the then government won no case against him
Well said Mr Justice Simon QC. I can’t see the harm in an enquiry if everything was done correctly according to the law.
What’s the problem with transparency in government?
The harm would be the waste of taxpayers monies that you always question this government about.
Transparency, clarity and accountability @ From The Sideline. BTW, are you related to tenman?
I had to correct him on the above as well!
Brixtonian putting ABLP acolytes under manners (again and again). Simple really! 😁
I will bet ALL of the money I have that Gaston and Cutie will very soon run to Parliament to amend the Commission of Inquiry Act to remove the discretion of the Governor General to call an inquiry and replace it with a new law that states that he can only call an inquiry if Cabinet directs him to do so. Watch them cowards. They will do it. Covering their asses at all costs.
GO TO THE HEAD OF THE CLASS
@Dion Pelle which CLASS? the one that PRINGLE FAILED?
FTS, to your question, “do you people want me to name every case he lost and how much it cost the taxpayers?”
Well, I would like to you to list the number of INJUNCTIONS filed by the ALP to avoid court hearings when Justin Simon was the AG.
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.”
“Never Ready” was hoping for to emerge as some “legal messiah” but Privy Council killed his silly dreams. OUCH!! What a rude awakening! Irreparable damage to his ego and legal reputation.
@Hmmmmmmm What cracked me up was when he first told the judges that my client are in agreement with the prior ruling. A few minutes later he then backtracks and says they are not.
The issue re whether the GG has the power is long settled. Recall Tim Hector pointing this out in the Outlet when the call was being made for the MBS inquiry. He too cited a legal opinion from a QC. Its funny hearing Justin now because when he was AG, he silently supported the stance that the GG has no such power. Astaphan who anyone who wants to win would pick over Justin has also made clear the GG has no such power
The issue here is not whether Mr. Simon or anyone else gets it right; with good conscience, don’t you think that the families of all those people need to know what happened, especially those of the deceased? You folks will be mercenaries at any costs.
I thought everything was crystal clear. They came here legally, paid for their flight to Antigua. They were to get to Surinam and then somehow from Surinam to the USA.
The government got wind of what was happening and shot it down. Antigua will not be used as a hub to be smuggled into the USA. That is the end of episode 1.
Episode 2. Some still determined to get to the USA started an illegal operation by paying for someone to take them by boat to one of the US Virgin Islands. Unfortunately they didn’t make it as the boat capsized and many drowned. God bless their soul. And again it shows they were hell bend on reaching their destination the USA.
Our government provided them with the alternative to make Antigua their new home. But some still do not seem to want that. They are free to return home or to any other country that will provide them with a visa. But Antigua will welcome them if they chose to stay here.
Is there anything more to investigate?
I guess not. None were forced into coming here. They paid their flight. Got a visa on arrival. They had a return ticket so everything was done legally
Accept the motive vof coming here was not filled in honestly
They were here to take a flight out to another destination. Therefore they were in “Transit”.
But soon as this government found out they nipped it in the bud
@Rovi- They told you they don’t know what happened? Their family member never shared with them that there intention was to migrate to the US? Guy instead of wasting tax payers money use google. Shermain Bique-Charles contributed to the article carried by BBC entitled “The Cameroonian migrants stranded on an island they had not heard of”, 7th March
“Some forked out as much as $6,000 (£5,000) on charter flights marketed on social media by bogus tour companies pledging to organise immigration logistics as part of the package.
Most of those who have unwittingly ended up in Antigua – an island some of them said they had never heard of before – say they had only expected to stay for a few days before being taken to South America, from where they had planned to make their way north to the US.
But when the transport failed to materialise, they were stuck in Antigua with no money left to fund their onward journey….
Within weeks, however, at least three more charters operated by another carrier mirroring its (Antigua Airlines) operations arrived in the country bearing throngs of Cameroonians escaping persecution.”
@ 10men
It is simple: nothing hard to do, just ask your ‘gods’, LIE-NOW-HELL ,the CLOWN and the BROAD, Cutie to publish the opinion from the KCs from London.
You guys are so patronising, keeping your minions and half of Antigua in ignorance, just so you can preserve your MONTHLY BOARD FEES.
Astaphan NEEDS TO KEEP OUT OF ANTIGUA PEOPLE BUSINESS, just as you guys ask the Astaphan from ST KITTS (who says that the GG have the authority to call the enquiry according to the law in Antigua) to keep out.
@Pity Will you read it when its published? Yeah the usual cognitive dissonance Did you read it when Tim published the one when there was a call for the MBS inquiry? Recall the article where it was said St Kitts had engaged the UN on this issue. Persons out there shouting why A&B did not do same. Telling thing is A&B had done it months before and there were articles in this very medium, showing a study done by here by the UN. @Pity, Its a pity you prefer to hide from the truth
@ 10men
By the way, IT WAS NOT JUST JUSTIN and ASTAPHAN saying that the GG is empowered by law to call the enquiry, BUT THE HIGHLY esteemed KC :E ANN HENRY, one of the best in the country IF NOT THE BEST.
Where’s the Office of The Ombudsman in all of this Antigua Airways fiasco?
If, the Ombudsman get to work, on at least, the other three(3) illegal flights, Antigua Airways will definitely surface in their investigation(s) or vice-versa.
Jumbee_Picknee aka Ras Smood
The Office of the Ombudsman, #Do_Work!
Jumbee_Picknee
My fellow Citizens, do not let Gaston’s arse kisser Sidelines pull his RED HERRING across the trail. There was a Governor General in Antigua. He called an inquiry without the okay of the then ABLP Administration.
We will wait a long time for any response. This is what they have resorted to. Just throw all kinds of lies and red herring out there and allow the minions and Labourites to run with it like the dummies they are, incapable of rational, logical thought.
I just do not understand why anyone will expect a reply. since that statement from Lionel Hurst was made up in the first place.
All that KC Simon needs to do is to pay for his own independent legal opinion from another KC or two for that matter and publish them.
Can’t you comprehend what you read? It’s there in black and white before your very eyes. A drowning man will clutch at straws. More importantly, where is the top law man in all of this? Gone AWOL by the looks of it. What a waste of space. Chief of Staff says KCs from outer space say the Governor General doesn’t have the authority to implement a COI. They must be taking comprehension lessons from you? I ask again: where is the AG? Not a word, not a whimper. Poor Antigua.
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