Moontown

A member of the Antigua and Barbuda Electoral Commission (ABCE) has resigned in the wake of criticisms by Prime Minister Baldwin Spencer and others.

Commissioner Agnes Blaize tendered her resignation after having served on the body for the past four years (2006-2010).

Prime Minister Spencer during a town hall meeting in Piggott’s last Thursday (22 April) said the ruling of Justice Louise Blenman, that the debacle with the General Elections last year (2009) falls squarely at the feet of members of the Electoral Commission, needs to be looked at seriously and some action taken.

Blaize in her resignation letter made mention of the PM’s statement at the meeting, which she reportedly used as her cue to call it quits.

She called on those in authority to do some investigations into the Register of Elections as it pertains to amnesty to Commonwealth citizens.

“Having listened to a section of the address delivered by Dr. Baldwin Spencer, prime minister of Antigua and Barbuda at a town hall meeting held on Thursday night (22 April 2010) in the St. George constituency, in which he suggested that the whole Electoral Commission is liable for the situation that presently exist (politically) in the nation, I hereby tender my resignation from the Antigua and Barbuda Electoral Commission.

“Allow me to state that having done my best as a commissioner, my best was not good enough. I, however, suggest that the ‘powers that be’ dig deep to find out how the elections list became tainted prior to the 2004 elections through the ‘amnesty’ which was granted to Commonwealth citizens around 2002-2003,” Blaize said in her resignation letter.

The ABEC in a statement thanked the former commissioner for her services to the commission and added that her interventions were always thorough, incisive and clearly articulated and that she had an eye for detail.

It was revealed that Blaize’s four-year tenure with the ABEC allowed her to be an important resource person in the process of democracy, not only in Antigua and Barbuda but the wider Caribbean and Latin America.

“The commission regrets Blaize’s departure and considers her resignation signals both a loss to the commission and the people of Antigua and Barbuda.

“The commission wishes to recall its gratitude to Blaize for the excellent manner in which she performed her duties as a commissioner,” a release said.

Justice Blenman in her 31 March (2010) ruling declaring three seats of the United Progressive Party (UPP) invalid came to the conclusion that the late start for the elections was of no ulterior motive by the candidates (UPP) but was due to the lack of competence by the Electoral Commission.

“…The electoral officers caused the delay not anything untoward,” Blenman said.

She said the late start and the printer at the electoral office breaking down on the eve of election is no fault of either political party.

The seats for Spencer, Education Minister, Dr. Jacqui Quinn Leandro and Tourism Minister John Maginley were declared null and void.

Former commissioner Bishop Ewing Dorsett tendered his resignation shortly after the 2009 General Elections and following public criticisms from the public about the role the Electoral Commission played in the late start of polling. (Antigua Sun)

ST JOHN’S, Antigua – The Antigua and Barbuda Electoral Commission (ABEC) is apprised of a number of claims and assertions made at a Town Hall meeting held at Pigotts in the constituency of St George on Thursday, 22 April, 2010 by Prime Minister Dr. Winston Baldwin Spencer, Dr. Jacuqi Quinn-Leandro, Hilson Baptiste, Ambassador Leon ‘Chacku’ Symister among others.

While the Commission is shocked at the malicious and unwarranted attacks on the Commission, its servants and agents, the ABEC is particularly concerned that the Prime Minister, informed those present and listening via the media that, as a result of the comments made by Madame Justice Louse Blenman, he felt obliged to seek “the co-operation” of the members of the Commission; and that if he did not secure that co-operation he would be obliged to take whatever steps available to him, presumably, to remove those members of the Commission whom he did not specifically name.

ABEC would wish to inform the General Public, particularly the Prime Minister, that the underlying rationale when setting-up the Electoral Commission is to protect the Commission from political interference, either privately, subtly or publicly.

It is for this reason that the Representation of the People (Amendment) Act 2001 (RPA) provides protection and security of tenure during the term of office of each Commissioner and sets out specifically how and for what reasons a Commissioner may be removed from office.

Likewise, the Antigua and Barbuda Constitution clearly states the manner in which the Supervisor of Elections, an appointee under the Constitution, can be removed from office.

Section 4 (1) and (2) of the Representation of thr People (Amendment) Act state:

(1) “A member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provision of this section.

(2) “A member of the Commission shall be removed from office by the Governor-General if the question of his removal has been referred to a tribunal appointed under subsection (3) and the tribunal has recommended to the Governor-General that he ought to have been removed from office for inability as aforesaid for misbehaviour.

(3) “If the Prime Minister or Leader of the Opposition represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated then –

(a) the Governor-General may appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeal from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.”

With regard to the Supervisor of Elections the process is exactly the same except for section (7) which states:

“If resolutions of both Houses of Parliament are passed to the effect that the question of removing the Supervisor of Elections under this section ought to be investigated then –

(a) “the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a courting having jurisdiction in appeals from such a court; and

(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Supervisor of Elections ought to be removed under this section.”

The Commission would also like to note that the Prime Minister is responsible for the Commission.

However, at no time subsequent to the 2009 General Elections did the Prime Minister inquired into any matters or the reasons, which caused the late opening of the polls in the constituencies in question, and the resulting dissatisfaction of certain areas of the society, notwithstanding the fact that that a detailed report dated April 21, 2009, fully explaining the circumstances surrounding the late opening of the polls had been forwarded to him for his information.

It would appear to the Commission that the Prime Minister based his statements on the findings of Madame Justice Blenman.

ABEC wishes to point out that at no time in her ruling did the learned trial judge attribute any blame to the Commission itself.

It must be noted that the statements by Blenman was based solely on the evidence that was before her, and she not being ceased of the other circumstances and difficulties facing the Commission in the days leading up to the General Elections.

The judges’ comments, therefore, cannot be used as a fig leaf for an unwarranted attack on members of the Commission, the Supervisor of Elections and the loyal staff of ABEC by member of the United Progressive Party, more particularly by Ambassador Leon ‘Chaku’ Symister, Jacqui-Quinn Leandro and Hilson Baptiste, and which statements were clearly based on ignorance of the constitutional provisions and the provisions of the Representation of the People Act or their collective inability to correctly interpret the provisions of the said legal provisions.

It is unfortunate these unwarranted comments by the Prime Minister resulted in the resignation of Commissioner Agnes Blaize, which has resulted in not only a loss to the ABEC but a loss to Antigua and Barbuda.

ABEC calls on the Prime Minister, his ministers and high-ranking party officials to cease and desist from these ill-advised attacks on the Commission, which they clearly must realise are not based on facts or the law.

The Commission takes no pleasure in having to issue this media statement but feels obliged to do so in the face of the continued attempts by the United Progressive Party hierarchy to mislead the General Public and to bring to bring the Commission into dispute.

In the circumstances, the Commission, as presently constituted, will be convening a media conference in the coming week in order to address and correct the lies and misinformation being disseminated in the public domain consistently by the governing party and its officials for cheap political gain.

This media statement has been issued by ABEC.

Glenroy Sinclair, Assignment Coordinator

A week after Director of Public Prosecutions (DPP) Paula Llewellyn ruled that he be charged with murder, Constable Orlando Lamont attempted to flee the island on Saturday but was nabbed at the Sangster International Airport by his colleagues.

“He was heading to the United States, but little did he know that we had put a stop order on him at the two international airports prior to the ruling,” Assistant Commissioner of Police Granville Gause told The Gleaner yesterday.

Lamont was implicated in the fatal shooting of 32-year-old Everton Parchment on April 3. Parchment, who resided in Arnett Gardens, was returning from a wedding reception with relatives and friends when they came upon a police spot check on Spanish Town Road, Kingston.

Explosion heard

Immediately after Parchment was signalled to stop by policemen, eyewitnesses said they heard an explosion. Parchment suffered a bullet wound to the neck.

As the Bureau of Special Investigations (BSI) commenced its probe into the matter, Lamont was interdicted by Police Commissioner Owen Ellington. On April 16, the DPP ruled that he be charged with murder.

He has been jailed since Saturday.

“He will be going before the court tomorrow (today),” Gause, the head of the BSI, said.

The constable, who is believed to be in his late 20s, is the third member of the police force to be charged with wounding or murder since the start of the year. The BSI confirmed that Constable Joseph Stanley was arrested and charged on January 15 in connection with the shooting of a woman at a bar on August 30 last year in St Andrew.

The third policeman, Constable Lawrence Burrell, was charged in connection with the tragic fire at the Armadale Juvenile Correctional Centre in St Ann.

glenroy.sinclair@gleanerjm.com

VEGETABLE RICE; MACARONI PIE

SWEET POTATO PIE; CORN MEAL COU COU

SCALLOPED POTATOES; BBQ SPARERIBS

BBQ PIG TAIL; BAKED CHICKEN

BAKED PORK; SEA CAT; FRIED SNAPPER

FRIED STEAK FISH; GRILLED STEAK FISH

STEAMED FLYING FISH; TURKEY STEW

STEAMED VEGETABLES; POTATO SALAD; COLE SLAW

Phillips

Samuda

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GENERAL SECRETARY of the Jamaica Labour Party (JLP), Karl Samuda, admitted yesterday that unnamed persons within his party approached local attorney Harold Brady to engage the services of a United States law firm to resolve an explosive treaty dispute between the Jamaican and US governments.

However, the party is silent on who paid US$50,000 to Manatt for services rendered and who were the unnamed JLP persons who approached Brady to establish formal contact with Manatt.

In a release yesterday, Samuda, who is also a senior government minister, said persons within the JLP contacted Brady “to see whether, through his wide network of international contacts, he could assist in facilitating the opening of discussions between the US authorities and the Government of Jamaica” to resolve a treaty dispute.

Samuda said he was aware that Brady’s law firm had retained the services of Manatt in October 2009 to lobby US officials.

“I am advised that all payment arrangements to Manatt, Phelps & Phillips were transacted between the two firms. The Government of Jamaica had nothing to do with any aspect of these arrangements,” he said.

However, the man who first quizzed the prime minister on the Manatt affair in Parliament, Dr Peter Phillips, wants to know how a scheme such as this could be concocted without the knowledge of senior party officials.

He also questioned what interest the JLP, as distinct from the Government, had in entering into a treaty dispute matter with the United States.

“That would seem to be something that really belongs in the realm of state-to-state relations,” he asserted.

Further, Phillips said Samuda’s statement “does not answer the question (of why) Manatt believed it had entered into a contract with the Government”.

However, in his statement, Samuda insisted the Government did not enter into any contractual arrangement with Manatt, contending that “no payments were made to the firm by the Government of Jamaica”.

The JLP general secretary also responded to a Washington Post story which claimed a Jamaican minister of government met with Manatt and US State Department officials.

Brief encounter

He said Dr Ronald Robinson, junior minister for foreign affairs and foreign trade, had a “brief social encounter” with a representative of Manatt while on a visit to Washington on November 20, 2009. He said Robinson had declined an invitation by Brady to attend a meeting at the State Department.

The Washington Post article claimed Manatt signed a US$400,000 contract to lobby on behalf of the Jamaican Government and spent several months talking with the White House and other administration officials about why the United States should not extradite accused Kingston drug kingpin Christopher ‘Dudus’ Coke.

Coke is wanted in the US to face drug and gun-trafficking charges. However, the Jamaican Government has refused to extradite him, arguing the Americans’ case is based on illegally obtained evidence.

Yesterday, Samuda’s statement also sought to make it clear that Solicitor General Douglas Leys had visited Washington in December to have discussions with officials of the State and Justice departments.

“This meeting was arranged through the Ministry of Foreign Affairs and the US Embassy in Jamaica,” Samuda said.

“The solicitor general and the team that accompanied him met with representatives of Manatt, Phelps & Phillips at Mr Brady’s invitation. The discussions were exploratory and were focused on alternative approaches that have been taken in similar treaty disputes with the US.”

He added: “The solicitor general made it clear that the Government of Jamaica saw no need at that stage to engage their services but would be prepared to consider doing so should the need arise.”

According to Samuda, Leys had accepted a suggestion that a representative of Manatt attend the planned meeting with the State and Justice departments as an observer, which he did with the full approval of the State Department.

“The solicitor general, who had had no previous contact with Manatt, Phelps & Phillips, was not then aware that the firm had already been retained by Brady & Company. He has had no further contact with the firm since that encounter in December,” Samuda said.(Jamaica Gleaner)