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Bird Versus Spencer Postponed

Bird Versus Spencer PostponedAntigua, St John's - The legal showdown between ALP leader Lester Bird and Prime Minister Baldwin Spencer and the UPP-aligned Crusader Radio will have to wait, as the court ruled on Monday that the complainant had not filed all of the required documentation within the legally stipulated timeline.

This earned the defendants’ counsels $2,250 in costs, after they initially requested almost $8,000.

The case has again been postponed, adding to the already two-year-old timeline of failed mediation and postponements.

Bird is alleging the defendants “falsely and maliciously” defamed him on November 20, 2008 during the run-up to the 2009 general elections. The statements were supposedly made in relations to the IHI debt investigations, which are still ongoing.

The presiding judge said on Monday that the trial bundle that should have been filed on behalf of the complainants 10 days in advance only made its way to the court’s registry on the morning of the hearing. This caused about a one-hour delay in the start of the trial that was not expected to take more than one day to complete.

According to the complainant's counsel, the delay in filing was not because of negligence, but a computer error had caused a back-up.

It was also alleged that a bundle had been filed before Monday, but was misplaced by court employee. The judge however did not mention this during the proceedings, and counsel opted not to speak of it on the record.


Nonetheless, the judge decided, “The rule has not been complied with,” so all parties could be adequately advised before trial.

He said, “Unfortunately… the trial cannot commence today. It is unfortunate that this has to occur…”

Attorneys representing the former prime minister could not convince the judge that the error could be overlooked with the right legal citing. The defendants opposed.
A new date for the trial is yet to be set.

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11 Comments In This Article   

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#11 Pellucid » 2011-04-07 02:23

Hopefully, this will free up some of the court's valuable time to deal with the extradition of Leroy King and the suppression of the FSRC report.
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re: tenman

#10 fnpsr » 2011-04-05 14:29

Tenman, Thank you!!
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fnpsr

scenario pt. 2

#9 Dig It » 2011-04-05 11:25

Judge: "Interrupts"
Sp encer's lawyer: "Now, Sir, Dr. Winston Baldwin Spencer, as you so dare to call because it is better than any World Citizens Award, can you tell the court what did you said on November 20, 2008 in regards to the Never-Again former PM Lester Bird?"
Spencer: "I don't recalled making any malicious and deformatory statements about Bird (I hope he can't walk to the stand) that day. I read what one of advisers gave to me without checking the facts!"
Spencer lawyer: "Your Honor you may now proudly step down. For the sake of the people of this country, we ask that the court to dismiss this frivolous case against the PM, as he have shown to be making those statements on behalf of the best interests of the people."
Judge: "This case is adjourned until next Tuesday."
Bird's lawyer: "Your honor, I believe the adjournment is waste of time and money for my client, and the people to see this matter settle (well Labour of course) and the person responsible for the statements against the former PM pay restitution and apologrize for his actions."
Judge : "As stated before, the matter must wait until next week, and I have a flight to catch. See you then."
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Dig It

scenario pt. 1

#8 Dig It » 2011-04-05 11:18

It is sad that both sides could not mediate the matter out of court, and spear the people this saga! Sometimes we have to watch our tongue especially when we are unclear about the facts! Could you imagine the PM in court on the standing testifying? Here is a scenario:

Judg e: "Can you state your name and occupation to the court?"
Spencer : "My name is the Honorable Dr. Winston Baldwin Spencer-Prime Minister of A & B and I am proud of my government's record for the past seven years in office, and we still have a lot to accomplish for the people, despite what the opposition is saying. However, we have to bear in mind the crisis we all facing globally."
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Dig It

@fnpsr

#7 tenman » 2011-04-05 10:57

fnpsr welcome back (I hope), your contribution was missed.

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tenman

#6 Sprinkle » 2011-04-05 10:54

Truth: Your comments have neither rhyme nor reason. We are talking about the Court Case with Lester Bird and Baldwin Spencer and you are commenting on something totally different. Let me tell you something, it's not what you say or write; it is what you didn't say or write that makes you a fool and a big one too.
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Sprinkle

Whjo is on First?

#5 fnpsr » 2011-04-05 09:59

Antigua looks like the gang that cant shoot street. Firstly, voting in a general election that was delayed because of malfunctioning printers. Secondly, in the present case, a delay in providing documents because of computer error. Thirdly, court documents misplaced by court employee. What's next, the dog ate the documents? Who is on first?
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fnpsr

@Beauty

#4 tenman » 2011-04-05 09:25

Beauty he whetted our appetite the other day and now all we have to show for it is gas. Next time I will eat food before going to such parties.

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tenman

@ Vere Bird III

#3 Beauty » 2011-04-05 01:10

It would be nice to hear your comment.
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Beauty

#2 Truth » 2011-04-05 00:53

Well at least it gives Spencer the chance to try and find a way out of his predicament with Cort. After throwing his full support behind the man without even conducting an investigation. We now know Cort was indeed named in a lawsuit, further it has now been showed he did engage in private law practice while acting as Finance Minister.

Quit e a predicament you find yourself in Mr Spencer. Cort will take you down with him if your not careful. Now all we need to uncover is Cort's tax payments and I'm sure the details will surface shortly despite Cort's claims he did pay and a concerted cover up by the UPP government.
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Truth

#1 Antiguan Abroad » 2011-04-04 23:28

Aside from appearing to be quite incompetent, Mr. Bird's lawyers should know better than to try to cast blame on court employees as an excuse....outsi de of court. It is incomprehensibl e to me that if the lawyers could clearly prove to the judge that the error was not due to their own negligence, why they would not have made such a proffer in court. The judge obviously believed they were at faut and awarded costs to the other side.....that speaks volumes.
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Antiguan Abroad

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