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James Hails Sir Gerald's Victory

Nathaniel “Paddy” JamesAntigua St John's - Nathaniel “Paddy” James has hailed the near-complete victory that the High Court handed to Sir Gerald Watt as a well-deserved vindication of the former ABEC chairman.


James, who is returning to the Antigua & Barbuda Electoral Commission as Opposition Leader Lester Bird’s nominee for deputy chairman, said he takes moral satisfaction from Sir Gerald’s court victory over Prime Minister Baldwin Spencer, the governor general, and freshly re-appointed ABEC Chair Juno Samuel.

In fact, James, who, along with then chair Sir Gerald Watt and Electoral Commissioner Lionel “Max” Hurst was subjected to an investigative tribunal following the 2009 general elections fiasco, welcomed the vindication of Sir Gerald as, by extension, a vindication of himself.

James noted that the investigative tribunal had found no fault either with his own performance, nor with that of Sir Gerald. He therefore took strong objection to Prime Minister Baldwin Spencer’s subsequent removal of Sir Gerald from his rightful position as chairman of ABEC, and viewed this as a ploy to circumvent the tribunal's decision.
The ABEC deputy chair pointed to the difference in the manner of Sir Gerald’s appointment as chairman, compared to his own appointment as deputy chair.


James, upon being appointed deputy chair of ABEC on the nomination of the leader of the ALP parliamentary opposition, had received one single instrument of appointment. Sir Gerald, on the other hand, had received two separate instruments of appointment: one appointing him as an electoral commissioner, and another appointing him chairman of ABEC.

It was, James said, on this spurious basis that Sir Gerald’s appointment as chairman was rescinded, relegating him to the status of ordinary electoral commissioner. The deputy chair has always regarded this procedure as flawed, and was gratified that Justice Remy saw fit to condemn that action by the prime minister, declaring it illegal.

The long-serving deputy chair re-emphasized his conviction that Samuel, who in his view and that of the court was unlawfully appointed ABEC chair, replacing Sir Gerald Watt, was a servant of political interests, carrying out the will of the political directorate. Samuel, James said, followed a pattern of behaviour formerly pursued by Ambassador Bruce Goodwin, who served as ABEC chair during Sir Gerald’s period of suspension.


Under the chairmanship of Bruce Goodwin and Samuel, a number of personnel transfers took place, carried out by both chairmen despite the objections of the other electoral commissioners. On several occasions, James said, Samuel took actions on his own authority as ABEC chair, based on his own interpretation of the Representation of the People Act, as amended.

James was, therefore pleased by Justice Remy’s ruling that following on Samuel's illegal appointment, any and all actions taken by him during his initial chairmanship are null and void, since his own appointment as ABEC Chair was in fact a nullity. James said he was looking forward to the reinstatement of all those staff members who were adversely affected by Samuel’s solo decisions.

See related stories:

Ruling Returns Watt to Position

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RE: James Hails Sir Gerald's Victory

#17 Pinky » 2012-01-28 19:16

Yes,the court's ruling is a personal victory for Sir Gerald,but a bigger win
for the people and the system to which they must turn in seeking redress.

Order in the court!!!
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Pinky

@Antiguan Abroad@fnpsr@Te nman pt 2

#16 Dig It » 2012-01-28 00:29

We live in a Westminister system that is like and dislike by many, depending on who you aked. Unfortunately, it is a "winner-take-al l," which makes it very difficult to have any "bi-partisanshi p" in passing laws of the land. As we know, "to the victor go the spoils.' As as much as we want both parties to work together harmoniously, it will not happen due to their idealogy and personality! And, they don't forget about the "past" in dehumanizing or mocking each other in Parliament. fnpsr and Antigua Abroad: I am sorry to say but the "rubber stamping" will not
go anywhere once "power and authority" is the rule of the day. What will change this the "belligerent" political culture in this country is to have more politicians that "appreciate" the people, and not look at them
as "property" or a piece of "meat."
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Dig It

@Antiguan Abroad@fnpsr@Te nman pt 1

#15 Dig It » 2012-01-27 23:10

May I join in? First of all, Tenman, I am not sure if Max Hurst is correct on the new law not "signed" or "in place." In a recent article, it revealed that Quote:
The ABEC chair also made it clear that to the best of his knowledge, Her Excellency the Governor General has signed the amended Act into law. He expects that, subsequent to the law being published in the National Gazette, the existing Commission will shortly be dissolved, and the new seven-member body appointed early in the New Year.

caribarena.com/antigua/news/politics/99197-electoral-amendments-signed.html
I would surely want to know the validity or status of the new proposed law, and would be interesting if you, anyone or Caribarena could find out. Antiguan Abroad, if the law is not signed into law (curious like you...perhaps this is why it wasn't mentioned in the judge's ruling), then I believe it would be unwise for the GOAB to go ahead and put it into effect, now that Juno Samuel is "null and void." Yet, again, the PM have been "ll-advised" for a long time, so who knows what he will do in this situation?
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Dig It

To fix this mocking BIRD

#14 OUTOFANTIGUA » 2012-01-27 21:18

Microwave the question of (why) he proceed as he did is because, with Him as with most Dictators they like playing the game (russian rulette).He gets an adrenalin high when he hears the clicks. the game continues, he can spin the barrel and try again. now he thinks he's King and is in full controll, just can't lose, so click click click and !hey; who turn out the lights. game's over Pal, the winner is? The People.
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OUTOFANTIGUA

Too much now

#13 The Wadadli Blogger » 2012-01-27 19:33

This whole back and forth has to stop. How can we have an electoral commission that has members who hate one or the other parties or it's leaders!!! It is obvious party lines are drawn now!!! Any fool can see that. I am not saying these respectable gentlemen will compromise themselves but this is not a good situation for the country. And it's country first for me not UPP, ALP, Baldwin, Lestewr, SIR Gerald, Paddy or Juno etc...

I think that the we should go to the OAS or Commonwealth and get together and have a pool of trained electoral commisioners and observers assigned to various countries for 7 year periods. They should be picked in a random way. That will solve allot of problems.

Our present Electoral Commission needs to be dismantled and go through public scrutiny next time not just 2 wanna be dictators, religous cults, and big business calling the shots.
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The Wadadli Blogger

in reply to DC

#12 Microwave Chef » 2012-01-27 17:03

Quote:
The real quetion is why did Mr. Spencer proceed as he has, when even laymen could see that removing Sir Gerald was illegal?
Because DC 8 years of upp has proven Chefs favorite point:
"you simply can not fix "S"tupid ( silent S in antiguan)" like most of the people and the government).
That's why DC we see the same mistake time and time again when UPP tries to bend the law and ends up breaking it, no different than what they did with our economy and Jobmarket.
according to Chef :D :lol: :-)
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Microwave Chef

re: antiguan abroad

#11 fnpsr » 2012-01-27 15:17

Antiguan Abroad, well stated with clarity. As stated, “If more bi-partisan support is required to pass a law, I am confident there will be an overall improvement in the laws in general.” I have argued in the past, that requiring a two-thirds vote rather than a simple majority would eliminate the ‘rubber stamping” effect of passing of laws and would improve the legislative process.

“let’s fix the little things before we attempt to fix the big things.”
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fnpsr

RE: James Hails Sir Gerald's Victory

#10 Antiguan Abroad » 2012-01-27 14:47

Tenman - As usual, you raise interesting arguments. However, I disagree somewhat. First, I do not believe that Watt has standing to challenge any new law passed by Parliament. He is entitled only to the relief granted him by the High Court judge for his specific case. I believe it is only the Opposition Parliamentary members who have such standing. The problem is, however, they cannot sue the government simply because they think the amendments are "bad" law. I believe they would have to have a constitutional basis on which to try to repeal the law. The real problem, as I've stated in the past, is the way in which laws are passed in Antigua....a simple majority Parliamentary vote is all that any sitting government needs to pass any non-Constitutio nal amendment (the Senate merely exists to rubber stamp whatever law the government proposes). If more bi-partisan support is required to pass a law, I am confident there will be an overall improvement in the laws in general.
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Antiguan Abroad

re: antiguan abroad

#9 fnpsr » 2012-01-27 13:33

Antiguan Abroad - Thanks!

"Let's fix the little things before we attempt to fix the big things."
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fnpsr

Antiguan Abroad - perhaps

#8 tenman » 2012-01-27 12:53

Antiguan Abroad in general you would be right. However, Watt now has this judgement and has a better case at challenging the changes, if he sees fit to do such. The opposition leader has stated he plans to include this ruling in his legal pleadings against the new law. What the PM has done with the changes is similar to a man wanting to fire an employee, knowing he has no cause, closing his business then reopening it the next day. Any court, within this jurisdiction, looking at a business man doing such would rule against him, especially if he reopened the same business. In addition, the PM cannot argue the commission is now a different one, since it still carries the same name. Arguments like it now has two added persons would be shot down when its shown that the bodies selecting these persons were never consulted. Essentially the new law would be shown as a way to get rid of some employees and I don't see our courts approving such acts. If the courts allowed this, it can be argued that they are allowing parliament to be above the laws they pass. This actions has implications for parliament to simply pass a retro active law to ensure it does not have to pay HMB

..
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tenman

RE: James Hails Sir Gerald's Victory

#7 Antiguan Abroad » 2012-01-27 12:29

fnpsr - Good to hear from you. Actually, that is the law I (and I believe Tenman) was referring to....the recent amendments to the Representation of the People Act. I believe Parliament can amend this (and any) law, as long as the amendments do not contravene the Consititution.
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Antiguan Abroad

re: antiguan abroad

#6 fnpsr » 2012-01-27 12:01

Antiguan Abroad, I agree with you. Not, to steal your thunder, but I was wondering how this decision would affect the recent changes to the Representation of the People's Act.

"Let's fix the little things before we attempt to fix the big things."
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fnpsr

RE: James Hails Sir Gerald's Victory

#5 Antiguan Abroad » 2012-01-27 12:00

Tenman - Thanks for your feedback. Actually, the judgment does make more practical sense if the proposed law has not yet taken effect. If the judge's decision precedes the new law, then you are right...Watt is retroactively (and currently) the chairman of the existing commission, and all prior acts of the commission headed by his replacement are null and void. However, I believe it is within the right of the UPP to go ahead and establish the newly proposed law once it was passed in Parliament..... thereby making Mr. Watt's victory short-lived. It will be interesting to see on what basis the ALP will challenge the new electoral law, since I do not believe there is a constitutional issue. But we will see.
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Antiguan Abroad

Antiguan Abroad

#4 tenman » 2012-01-27 11:38

Antiguan Abroad from listening to Max Hurst today via ZDK, he opined that the new law is not in place. His reasoning was that the PM is yet to sign it into law. He continued that the lack of doing this also makes the recent appointment by the GG of the 3 commissioners picked by the PM illegal. If Hurst is right, this is further evidence of incompetence by the PM.

..
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tenman

Hail democracy

#3 pedro » 2012-01-27 11:15

Hail democracy, hail the independence of the judiciary, down with UPP machiavellian tactics. UPP must go
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pedro

RE: James Hails Sir Gerald's Victory

#2 Antiguan Abroad » 2012-01-27 09:28

I briefly skimmed the written judgment of the judge in this case, and although I found some of the analysis a bit elementary, I generally agree with the result. But I was a bit surprised that the court did not take "judicial notice" in her opinion that a new electoral commission had been established by the recently passed electoral law. Assuming the judge resides in Antigua and follows basic news items, "judicial notice" would simply mean that she would make some passing reference to the new law in her opinion....and offer an explanation as to how her judgment can be effectively applied to the new law (or not). If the old electoral commission that Watt once headed no longer exists, it would have been helpful having the judge provide some guidance as to how her ruling can be properly implemented. Maybe I missed it…or maybe there’s some way I'm not aware of that Mr. Watt can enjoy the relief he originally sought. If someone has some additional comment on this issue, I’d love to hear it.
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Antiguan Abroad

RE: James Hails Sir Gerald's Victory

#1 DC » 2012-01-27 07:16

I agree with the good gentleman, and I welcome his generous and well-reasoned remarks.

All of us should have seen this coming -- including the disxxxutxxxe Mr. Samuel, who is now --thankfully -- out of job. The real quetion is why did Mr. Spencer proceed as he has, when even laymen could see that removing Sir Gerald was illegal?
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DC

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