Caribarena Antigua The Best Caribbean News Portal

**Valley** » 2013-03-19 22:15

WIn What Gaston? Really? Why did your press statement leave out the fact that at this PRELIMINARY Hearing the Judge ordered Asot to remove the names of the Prime Minister and the Speaker of the House from the injunction and file it again? And to redo all of your affidavits and come back to the court? And that the only reason the injunction is still alive is because both sides wanted time to prepare their submissions for hearing that is why the first hearing is set for April 11. Stop fooling the people gaston - this is not an ALP Leadership convention.

**tenman** » 2013-03-19 19:09

Lord Have Mercy, how about at least admitting you were wrong with what you stated about St. Kitts not having a requirement that the commissioners be independent? It makes no sense we discuss this matter if the plan is to only listen to yourself

You suggest that Fuller does not matter because he is 1 out of 4, how are you sure that by vote there was no dissent? I do take your point that proving a bias in Fuller alone is not sufficient, if all of them agreed to the changes. You then argue the voters list is acceptable but hasn't the UPP claimed that it is flawed, hence re-registration is needed? Seems to me there is a level of two face-ness going on here. The Constituencies and Boundaries Guidance Act,2012 called for the use of credible data. It also mandated for consultations which never happened and if you check the St. Kitts case that requirement was not there but it exists here. Lord Have Mercy, you will find no comment from me saying the ALP will definitely win the case. All I have said is they have a case. My suggestion is they continue fighting but put contingencies in place. One such is to get Asot ready for running against the PM.

..

**Lord Have Mercy** » 2013-03-19 17:48

In the St Kitts case, the Court found the Report by the Boundaries Commission legally defective and the Proclimation based on the defective report invalid, because it was signed wile an injunction was in place.

I know that the ABLP SAY AFTER ME SINGERS have been touting the idea of whether the Commissioners were required to use voters list as opposed to the census, but this has no foundation in the applicable law.

ABLP will not be able to prove intent to gerrymander, because the court is obliged to accept the reasonable explanation of the Commissioners.

How does public statements by Fuller that he does not like Asot Prove wrongdoing on the part of all of the Commissioners who signed the report, because Fuller could not prejudice Asot Michael with just one vote out of four.

It is only natural for the commission to **s who the changes will affect. They can successfully argue that although the purpose was to rationalize Benjamin's constituency ended up smaller because they did their best, but did not get it perfect.

Game Over for ABLP.

**tenman** » 2013-03-19 17:39

Lord Have Mercy did you read the judgement? One of the points the judge made is that the boundary's commission should act independently as the our law you quoted states **section 63(11). One of the reason he ruled against them was because their independence was compromised:
7. The manner in which the Government established the Boundaries Technical Committee (“BTC”) and the role given to that BTC conflicted with the Constitution. The provisions of the Constitution did not permit the BTC to decide, or even greatly influence, any matters which were the exclusive responsibility of the CBC. The Government was faulted for establishing the BTC in the manner that it did, and the CBC was faulted for allowing itself to be greatly influenced by the BTC. Justice Thomas emphasized that the CBC must be seen to be producing its own recommendations after itself deliberating on the relevant matters stipulated by the Constitution as being the CBC’s exclusive responsibility. “[The CBC] has no power to accept or consider any recommendation from another body which purports to exercise the same or similar functions [as the CBC].

..

**Lord Have Mercy** » 2013-03-19 17:03

I agree that the constitution of Antigua & Barbuda and that of St Kitts & Nevis are substantially. But what is key here is that a careful reading of Sections 49 and 50 of the St Kitts Constitution, which is titled: Constituency Boundary Commission and Review of Constituency Boundaries compared to Section 63 of the Antigua & Barbuda Constitution, which governs the Boundaries Commission, will reveal that there is no provision in the St Kitts constitution that is similar to section 63(11) of the Antigua constitution, which reads, Quote:

In the exercise of its functions under this Constitution, a Constituencies Boundaries Commission shall not be subject to the control or direction of any other person or authority.

.

In St. Kitts case will have no precedential value, because it will be distinguished on the basis of the quoted section. The truth is that provision will make all of the difference in the outcome of the case. By virtue of this provision it matters not whether the commissioners used the voters list or the census.

**tenman** » 2013-03-19 12:30

Lord Have Mercy, our constitution is similar to St.kitts since we enjoy copying. Your argument is basically that no one can successfully challenge the judgement of a boundary commission. In Saint Kitts the court ruled that the government there had violated the Constitution in its attempt to make boundary changes. A breakdown of the judges ruling can be found at stkittsweb.com/winnfm/winnfm/www.winnfm.com/news29b12.html?NewsID=3829. The relevant portion where Antigua is concerned is whether the voters list was the document to use vs the census? Whether some of the commissioners went there with an agenda to gerrymander? Lord have Mercy, Fuller has publicly stated he has a bias towards Asot Micheal. The chairman of the commission has publicly indicated that he spent time accessing who the changes will affect; if the purpose was to rationalize why was Benjamin's constituency made smaller when it was already below average?

..

**Cool Ruler** » 2013-03-19 12:24

What, no comment from Gaston's chief chairleader on this site today singing how great thou art?

**tenman** » 2013-03-19 10:22

not again, you are wrong. Injunctions are given when the court things there is a case that needs to be heard and one is absolutely necessary. Proving its not as easy as you think, try and recall the former ABEC chairman case against the government where he was unable to get an injunction ( Sir Gerald Loses Round 1, 19 January 2011, Daily Observer). Also recently there was "ST.KITTS - Court denies injunction. PM pleased" SATURDAY, 09 FEBRUARY 2013 09:12 CARICOM NEWS NETWORK. Stop believing the propaganda being spewed by the UPP that its easy to get an injunction

..

**Lord Have Mercy** » 2013-03-19 09:25

According to MP Gaston Browne, their reason for taking up this legal is as follows:Quote:

The Report has eliminated at least two constituencies—St. Peter’s and St. Mary’s North—held by ABLP parliamentarians; it also splits in two the Constituency of Rural East ...

Consider that in the context of of Section 63(11) of the Constitution Order of Antigua and Barbuda, which states, Quote:

In the exercise of its functions under this Constitution, a Constituencies Boundaries Commission shall not be subject to the control or direction of any other person or authority.

These cases are extremely difficult to prove, because have generally accorded a high degree of deference to the decisions of the Commissioners, and the ABLP lawyers know this, so I find it a bit disingenuous for GB and his lawyers to be claiming a victory they all know they will not acheive.

**Proud Citizen** » 2013-03-19 08:09

Caribarena, I do not appreciate your de[iction of our former Prime Minister in this article. You have portrayed him as a sick, weak, out of touch geriatric who needs nursing attention. Please remove from the article.Madamme editor, he is your father for goodness sake.

**Fight On** » 2013-03-19 07:52

Where is the traitor in all of this? :eek:

**ECHO** » 2013-03-19 06:36

LESTER WINS AGAIN.

**not again** » 2013-03-19 05:53

Gaston, where is the victory? Any A sshole can get an injunction. When you win the fade you can update the public. Just a question who was the member of parliament that was drunk again and went to ZDK with his men to threaten a ratafarian Dj to support you? Does the suitability committee knows about that?

**Youthful Labourite** » 2013-03-19 03:02

Isn't Molwyn Joseph fighting against the elimination of his constituency ST MARY'S NORTH???

Or is he too busy being arrogant and pompous to see the good in this court fight or is he willing to concede defeat now and cry over spilt milk on fire n steel???

The addition of Jennings, Pearns and Ebenezer onto Bolans, Valley Church, Ffryes, Crabbe Hill, Johnson's Point and Urlings will certainly enhance the chances of a win for Senator Samantha Marshall!!!

Title	Answers
ANY INFO ON HOLIDAY LETTINGS AT BARRYMORE BEACH CLUB RUNNAWAY BAY	0
first caribbean international bank	0
how can i get in touch with Dilana R. the professional singer?	0
Who was antigua's first Govenor General	1
WHICH ONE OF THE BIRD IS DEAD	1

Title	Answers	Hits
Was there a police report filed by Royal Caribbean Vision of the seas for the man, wife and 11 yr old child removed from the ship on December 20th, 2012 ? He allegedly attacked a man with a service dog on the ship and was set on the dock that day with hi	0	30029
PWD in shambles, what is the purpose of their position? I'm tired of these people in the dept who jsut come eac day to make you feel uncomfortable because of their miserable lives. someone needs to look into this.	0	14621
What is the world's largest airline?	2	5338
What is the amount ZDK owes for electricity ?	1	3687
any audio or video of Minister Farrakhan speech at the Multi-purpose Centre?	1	3593

14 Comments In This Article

Add comment

RSS

World News

Follow us on Facebook

Popular Questions

Ask Your Question

Spotlight on Business

Latest Politics News

Most Popular This Month

Search Directory

Directory Listings

App

CARIBARENA