The United Progressive Party (UPP) has initiated legal action against former member and current Minister of Agriculture, Anthony Smith Jr.
The party seeks a court ruling on Smith’s independence as the All Saints West MP. Attorney Justin L. Simon KC, involved in the case, argued that Smith, now in the Cabinet, cannot be deemed an independent House member.
UPP leader Jamale Pringle confirmed the legal documents have been filed, with support from constituents challenging Smith’s decision.
The UPP also plans to contest the government’s recent salary increase for MPs, asserting that it should have been debated in Parliament, according to attorney Kendrickson Kentish.
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Good move, remember this is now all about the total disregard of all the democratic voters in All Saints West.
They RIGHTFULLY followed the system to elect Anthony Smith as their representative on – and never forget – UPP’S proposed actions and intentions in the area.
How on earth can the political and democratic will of the people be recklessly trashed and then discarded? How???
That’s fine if you reside in a Communist or despotic country, but not here in the “relative” FREEDOM of Antigua & Barbuda.
The constituents (and their legitimate votes) in ASW must not be discounted by SKULLDUGGERY, but by a fair and clear voting system – that was in place at that particular time.
If Anthony Smith is so confident of winning ASW again, then step up to the voting public who will decide once more. Simple!
THIS IS THE LEAST HE CAN DO …
@ Brixtonian: I effectively concur. You can’t be an interloper straddling the fence: who denies the will and aspirations of the constituent, and still expect to be favored. He should have resigned like Suggy did; and let the people decide his faith, instead of trashing the will of the people by dissing them, for political expediency, by the enticement of the fetid leeching governance cabal; of no transparency and accountability gleefully cannibalizing the people’s treasury.
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@Brixtonian
Chrtopher, I’m certain that you are aware of the legal parameters within the constitution which give any elected member of Parliament the privilege to defect from the party whip and remain seated as an independent MP without being affiliated with another political party until Parliament is dissolved.
Furthermore, the Prime Minister of any Commonwealth Country has the freedom to appoint any senator or elected member of Parliament to head any ministry, as he is she deems fit.
I believe that even a citizen can be appointed to lead a Ministry, to exclude Finance, as that Ministry requires an elected member to be appointed.
I cannot see how this case could stand in a court of law the constitution is quite clear. I will admit that I’m not legally trained but I’m on the view that such matters employ common sense, despite the emotional effects they may cause.
He has not resigned as a sitting member of Parliament. Therefore no by-election would be necessary. Only death and resignation are the two ways to warrant a by-election.
The UPP is being ill-advised on this matter.
I can only wish Antigua and Barbuda well in its future development.
Using Justin Simon’s logic, it then follows that Trevor Walker, who is NOT and was NEVER a member of the UPP but was made a Minister and is now under the Whip of the UPP while in opposition, should also resign and let Barbuda decide for themselves. It would also mean that ALL decisions made by Trevor Walker when he was a minister in the UPP Cabinet would be null, void, and of no effect.
The moral here is: be careful what you wish for; you might just get it.
I have little doubt, though, that the lawsuit brought by the UPP will be thrown out and even one of their members, Charlesworth Tabor, has asserted that he does not believe the case has much merit. The only intent here is to try to frustrate Anthony Smith and to make his tenure as Minister uncomfortable. The young man needs to simply press on and keep focussed.
@ Dave Ray
They were ill-advised when Shuggy resigned too, when all the people like you Gerald Watts, Joanna Massiah, tenman etc said what he did was illegal and wrong.
You minions ALWAYS RIGHT. I MUST GIVE YOU THAT, as if we are dumb, always patronising us.
Move out, all you dam minions.
@ Wash an’ Basin
I am convinced now more than ever that you must be Lie-now-hell Max Hurst, because you are repeating his words verbatim which makes no sense whatsoever.
U guys take Antiguans for fools as though we can’t read, write and comprehend.
Just like the courts kick you guys in your asses with the Shuggy matter, the same will happen once again to you numbskull.
I posted this before and I will do so again. I hope that MP Smith’s lawyers will put Justin Simon on the stand to explain how he as AG allowed the UPP government to appoint Trevor Walker as a Minister in the UPP government, when he was not a member of the UPP? And he was allowed by then Speaker, the know-it-all Giselle, to sit on the UPP side. As a member of the BPM, he sould have sat on the other side as an Independent. And he must answer whether he knowingly broke the law.
Loser Lawyer should take it all the way to the Privy Council so he can hear a similar decision like the Barbuda land case:
“…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.
my boy was trying hard to be some legal “messiah” and was looking for fame in this Landmark Ruling, but boy them colonial masters decendants burst his little bubble
@pity – yep! Wash an’ Basin could be Max “Lie No Hell” Hurst because his family was a part of the Wash ‘an Basin community of Point.
@ Dave Ray my adversarial friend, why are you on purposely missing the MAIN fundamental points of my forthright debate?
There’s no need for me to repeat what I’ve already highlighted about the total disrespect and disregard of the democratic process for all the constituents in All Saints West – including the losers!
Dave, I believe that you have mentioned that there’s not a hope in hell of UPP winning any legal action on the points and basis that you’ve highlighted before; but surely there’s a legal precedence here, where the votes of the ASW constituents have been unceremoniously discarded?
Come on Dave, you and I know that those of us who take the time out to vote should not be “shafted” by politicians in this undemocratic manner. Tarl!!!
I’ll say it again, there seems to be some sort of legal precedence for the DISCARDED votes of the constituents in All Saints West.
… AND THIS COULD BE GROUND BREAKING FOR THE DEMOCRATIC PROCESS AROUND THE GLOBE AS WELL …
Well this laughable and certainly a dunce move from a party off duncers………..imagine wasting time with this, instead of pressuring the government on more important issues such as, better Healthcare, better wages and salaries, better roads, better food prices, better running water from APUA smh this opposition just doesn’t understand the plate of the people…..
@Whenever this is what happens when you have a DUNCE, EMPTYHEAD, ILLITERATE as “leader” but who is really controlled by the toxic female dictator…….
Come on @ OTTO, please desist in the whataboutery that’s not dealing with the current issue at hand. We can all find similar incidents to further any point of view.
But may I remind you we are now talking about the legitimate voters in All Saints West who have been wilfully blsidelined?
IT’S BEST YOU REMEMBER THIS …
the UPP bypassed Chandlah Codrington and gave him a measly “junior minister” position at Public Works…….meanwhile Trevor Walker of BPM was up in dey Cabinet!!!!!
@Wash an’ Basin Trevor Walker of the BPM is aligned with the UPP so what u are saying makes no sense, you sound ridiculous just like lie-no-hell. All of Antigua and Barbuda know UPP and BPM are aligned together.
Do you even understand what you just wrote? Being aligned DOES NOT make them the same party. Therefore, if Justin Simon’s argument is correct that Anthony Smith should not be in the Cabinet because he is and independent member of the house, the same logic MUST apply to Trevor Walker. He is NOT a member of the UPP and so, as Justin is claiming here, he ought not be appointed as a minister because he would have effective crossed the floor.
Again, I do not subscribe to Justin Simon’s argument. But if you use his logic, this is where it is going to lead.
Really? This legal challenge is a waste of time, why? Because the constitution allowed it.
I want the people of Antigua and Barbuda to remember that these legal luminaries that are running their mouths along with the leadership of the then governing UPP are the same ones who joined with the them opposition ABLP to bury the Robert Lindquist Report. Over $160 million illegally diverted . Give me a break.
I AM WAITING ON ALL AH DEM WITH MY ONE QUESTION…..WHAT HAPPENED TO THE IHI REPORT DONE BY ROBERT LINDQUIST?
Mr.Simon, I am a UPP voter. Why are We concentrating on Anthony Smith, when We have SERPENT , SHUGU and RICHARD LEWIS undermining the UPP . Stop wasting time with Mr. Smith because We shall lose in court.
Get rid of Serpent , Shugy and Richard Lewis.
@treacherous
The judge didn’t make a decision, as the Hon. Simon preceding the judge’s ruling. You’re proving my point without knowing it. I will repeat, The only way that a by-election can be called is death or resignation.
Do your homework before responding in anger.
@Brixtonian.
Otto is correct but the ABLP in opposition, chose not to challenge his appointment or seating placement since it would not have mattered, as they only secured 4 seats in 2004, then 7 seats in 2009 respectively.
All these occurrences should be used as learning exercises to set precedents.
@ SETH
you are no dam UPP supporter, IF U R I would suggest you sell out and become turn coats like Lamin, Winston, Colin, Anthony, Driftwood etc, because I would rather lose you as a supporter than have you like the others like a hypocrite.
@hypocrites
“turn coats” like who? Sean Bird, Errol Cort, Bowen, George Walters, Gisele Isaac etc???
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