The case involving seven members of the opposition Antigua Labour Party (ALP) came to an abrupt end yesterday after one of the accused, Vere Bird Jr. suffered an apparent seizure.
Leader of the opposition in Parliament and political leader of the ALP Lester Bird, deputy of the party Gaston Browne, Molwyn Joseph, Bird Jr., Mary Claire Hurst general-secretary of the ALP, head of the ALP Youth Arm Sharon Kentish and Jim Galloway are charged for violating the Public Order Act.
The Bird brothers, Browne, Joseph, Hurst, Kentish and Galloway have pleaded not guilty to addressing a meeting when not granted permission to do so on 4 May (Labour Day) last year.
Reports are that the accused are alleged to have spoken at an Antigua Trades and Labour Union (AT&LU) rally without the necessary permission from the Commissioner of Police Thomas Bennett. The AT&LU, the parent organisation of the ALP and the main organiser of the traditional rally, had already sought permission from the police and forwarded a list of speakers. The union, however, allegedly refused to amend its list of speakers and add names put forward by the ALP.
Allegations are the matter came to a head-on at Labour Day when members of the ALP decided to address supporters despite reportedly not having authorisation to do so.
Reports are that the union was in the process of setting up its public address system on lower All Saints Road in the vicinity of the VC Bird bust, which is customary. Apparently, members of the ALP executive set up its system first and commenced to address those gathered.
As Assistant Commissioner of Police Albert Smith was giving his evidence in the St. John’s Magistrates’ Court, Bird, who was seated along with the six other accused, began to tremble and gave slight moans. A number of people in the courtroom including his son Vere Bird III and his niece Rika Bird, who are both members of the defence team along with Steadroy “Cutie” Benjamin, rushed to his assistance.
Bird was quickly placed on the ground and items of clothing including his shoes and tie were removed as people tried to help. The accused reportedly was biting on his tongue and an object had to be placed in his mouth to stop him from doing so.
The Emergency Medical Services (EMS) was summoned to the scene and responded within seven minutes. By that time, the apparent seizure had passed, but Bird was transported to the Mount St. John Medical Centre (MSJMC) where up to time of going to press he was reportedly doing well.
The incident with Bird seemed to have shocked those present at court, as several of his colleagues looked on with concern and compassion as Bird lay on the ground.
Meanwhile, as the substantive case was being heard, acting Assistant Commissioner of Police Henry Christian told the court that on 2 May, last year about 8 a.m., he had a conversation with Commissioner Thomas Bennett and as a result went to the Police Headquarters to the commissioner’s office at about 10 a.m. for a meeting.
Christian told the court that Commissioner Bennett chaired the meeting which was attended by him (Christian), Phillip Campbell, Assistant Commissioners Albert Smith and Davidson Whyte, Vere Bird Jr., Mary Claire Hurst, Peter Leonard, Stafford Joseph and Dave Joseph.
According to Christian, the meeting started after 11 a.m. and was called as a result of an application made to the commissioner for a list of names to be added to a previous list that was granted to address the AT&LU’s Labour Day rally. The witness said there was a previous application that was granted to the AT&LU.
Christian told the court that during the meeting, Hurst and Bird Jr. said it was normal for either the AT&LU or the ALP to make applications to host public meetings or rallies and that the executive of both entities would address these meetings or rallies.
According to the officer, Peter Leonard, Stafford Joseph and Dave Joseph shared an alternative view.
These three people (Leonard, Stafford and Dave) were of the opinion that Labour Day is the workers’ day and as a result, only the executive of the union should address the rally.
Christian said he was aware that Stafford, Dave and Leonard held positions with the AT&LU and that Bird Jr. and Hurst are executive members of the ALP. He said both Bird Jr. and Hurst would make representation for the ALP for different things.
“Vere Bird Jr. was persuading the commissioner that additional names should be granted because it was the norm that both organisations would share the platform from time to time,” Christian testified.
Christian said Bird Jr. told the commissioner that members of the ALP were going to speak on the platform on Labour Day as his late father paved the way for this to happen.
The officer said that Bird went on to say, “Sir (commissioner) have the riot truck and the riot unit ready because we will share the platform on Labour Day. The handcuffs will not be enough to lock up all the Labour Party supporters.”
The acting assistant commissioner said shortly thereafter, the meeting came to an end and that to his knowledge no permission was granted for names to be added to the list to speak at the public rally.
During cross-examination, Christian said he was not aware that permission is not needed by labour unions to speak on Labour Day pertaining to trade unions. He admitted that if the law is not infringed, the police cannot interfere with trade unions on Labour Day.
In re-examination he told the court that it is customary in recent times for the unions to apply for permission to speak on Labour Day.
Also giving evidence was Assistant Commissioner Albert Smith, who said while on duty at the VC Bird bust about 8:55 a.m. along with other officers, he saw Bird Jr. at the podium that had been set up with the abbreviation AT&LU. He testified that Bird Jr. and others were dancing to the music of a hi-fi system. Smith said he went up to Bird Jr. and told him that he and the ALP did not get permission to speak from the commissioner and should not attempt to do so. The witness said the accused assured him that the AT&LU received permission and that they (ALP) are the same.
He told the court that he also saw Browne and told him what he had told Bird Jr. Smith said he later saw Leonard and Stafford at the southern side of the bust and that Stafford told him something.
Smith said that shortly thereafter, he noticed Browne had commenced the meeting and began to call people to the podium including Stafford who did not turn up to the podium. The assistant commissioner said again Stafford came to him and told him something and left shortly after.
The witness added that Browne continued to call people to the podium including Lester (Bird), Molwyn (Joseph) and the other accused.
“I reiterate to Browne that he did not have permission to speak and that he should desist from doing so. The public address ended about 10 a.m. and then there was a march by a large number of people up Market Street and it ended at 46 North Street,” Smith said.
He told the court that while at 46 North Street, he again saw Browne and told him that “he and his men have been in violation of the Public Order Act and that the appropriate action would be taken. Due to Bird Jr.’s illness the matter was adjourned to 18 Feb. (Antigua Sun)