SOURCE- DAILY OBSERVER- The high-stakes legal battle challenging Agriculture Minister Anthony Smith’s independent status in Parliament continued yesterday, with his lawyer mounting a defence against constituents seeking to contest his political position.
Attorney Dr David Dorsett, representing Smith, argued that the application filed by the constituents fails to mention the grounds for their claim as required.
He then argued that the affidavit filed against his client thereafter is fundamentally flawed.
Describing the document as “problematic from root to branch,” Dorsett challenged the legal basis of the claim brought by constituents who question Smith’s right to serve as an independent Member of Parliament.
During the hearing before Justice Jan Drysdale, Dorsett maintained that the plaintiffs have failed to provide substantive evidence supporting their claim. He specifically argued that the affidavit relies on hearsay and personal opinions, and lacks proof that Smith has joined the Antigua Barbuda Labour Party.
Dorsett therefore called for the claim which “lacks merit” be struck out.
Attorney Sherrie-Ann Bradshaw, representing the constituents, proposed that the court could potentially allow them to amend the claim by adding the grounds from the affidavit and award costs to the defendant rather than striking out the claim.
Justice Drysdale is scheduled to deliver a ruling on Thursday.
The dispute originates from Smith’s departure from the United Progressive Party (UPP) in July, after which he continued to serve in the Cabinet as an independent representative for All Saints West.
The UPP has contested his independent status, prompting legal action by some of his constituents.
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Hmmmmmm! Ms Bradshaw i am sorry for you. If you think that thus government judge is going to rule in your favor you are mistaken. Have you ever heard this judge ruled against this government. Whenever she sees a case that the government has no prospect of winning she refuses herself. She reminds me of a judge who spent a decade and a half on the bench in Dominica before she was finally transferred. She was a consumate government judge. For the sake of good governance I hope the judge allows you to provide the documents Dr Forsette knows will make the case a fighting case.
Is Justin on the Team?
Sherrie-Ann Bradshaw why you let Chaku Waku and Justin Loser Lawyer pappyshow you like this????
This is a very troubling development for our democracy and the so-called justice system in trying to use a “technicality” to get this groundbreaking court case struck off.
The application entreaty by the All Saints 3 is a very valid one; so when Anthony Smith’s Defence Attorney David Dorsett claims it is “fundamentally flawed”, is a kick in the teeth for the rights of all those who voted for a UPP representative in All Saints West.
In a democratic country, this cannot be right?!
Anthony Smith’s defence team are clutching at straws, and will try their utmost best – at this frivolous attempt – to get a dismissal, and in the process ignore the democratic rights of the constituents.
Antigua’s democracy is dying a slow death.
This case is going to Cook’s Dump fast and in a hurry. What frivolity!
thqts you him Jtruth get buy out, what a soap opera. i wonder how much Jtruth get, I see he still on the media a pretending to be broke. what was in that envelope?
You are really and truly an idiot Brix and the more you comment on here the more your idiocy shows and this is due to your 110% political bias and destain for PM Browne and ABLP. This case had no bearings for the start. Just three people who were up in their feelings over PM Smith resignation and becoming a member of the Cabinet. Mr Smith did nothing illegal for the court to make his seat vacant. You cant seem to get that becauee as far as you see nothing under this government can even be good and once a person dont sing from the UPP song sheet they are automatically an ABLP supporter. Maybe should should take some time off ANR and actually go and read the constitution of Antigua and Barbuda before you fly under my comments.
PS I’m not going to respond to you go argue with the wall.
I am a novice when it comes to the law but Miss Bradshaw is asking for time to refile the case, which would suggest she thinks the judge has a point. Why lawyers do not make sure their case is airtight before moving forward. Just asking
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