Screams and applause echoed in the gallery of the High Court building yesterday afternoon as supporters of the United Progressive Party (UPP) were informed that the court had ruled in favour of maintaining the stay of execution in the Election Petitions Case.
While the UPP supporters jumped and shouted in celebration, the followers of the ALP, who were few in number, left abruptly when the news was delivered.
Prime Minister Baldwin Spencer showed his satisfaction, saying, “I am not surprised because common sense alone would suggest that it would have been difficult for the judge to do otherwise because the fundamental issue is that we have the right to appeal the judge’s decision and we have taken the necessary steps so to do.”
Spencer is among three UPP parliamentary representatives whose elections were voided by Justice Louise Blenman because of irregularities, mainly late start at the polls on March 12, last year.
The case was brought before the court by members of the Opposition Antigua Labour Party (ALP).
Yesterday afternoon, Justice David Harris confirmed the stay of execution of Justice Blenman’s ruling and as such the government continues under the leadership of PM Spencer.
Ministers John Maginley and Dr Jacqui Quinn-Leandro, the other two MPs who were affected by the ruling handed down on March 31, remain head of the Ministry of Tourism and Ministry of Education respectively.
“The judge (Justice Harris) had ordered it (the stay) on a temporary basis on March 31 to allow the other side to argue why it shouldn’t be granted. Now he is satisfied there is no justification why the stay shouldn’t remain until the Court of Appeal looks at it,” the prime minister said.
The three UPP members have already filed their Notice of Appeal in the High Court and are waiting for the matter to be heard in the Court of Appeal.
However, there is no indication whether the case would be dealt with in the upcoming June sitting of the appellate court.
Meantime, PM Spencer acknowledged that persons in the society might be concerned about the time the process could take and admitted he too has some concerns.
“Clearly, it is a matter for the court. Remember, we didn’t take the matter to court and we’re prepared to govern Antigua & Barbuda in the interest of country despite efforts from some to destabilise and make governance difficult,” the prime minister said.
He further said, “We will continue to govern in the normal way as we await the decision of the Court of Appeal and at that point in time we will make a determination as to what happens,” Spencer added.
Had Justice Harris denied the stay of execution Spencer, Maginley and Quinn-Leandro would have still had the option of appealing his decision instead of having the Speaker of the House enforce Justice Blenman’s ruling.
Quizzed by the media about his party’s mandate with respect to the court’s ruling on March 31, Spencer rhetorically asked, “Is a by-election or general elections going to solve our problems?” He added that “the behaviour, attitude and degree of acts of destabilization” have created an atmosphere “which would suggest that Antigua should be in a state of instability and also one in which the nation is not governable.”
“We are going through a serious challenge economic-wise and we will continue to function in the best interest of Antigua & Barbuda; that’s what a lot of people keep forgetting – what is in the best interest of the country … we have a clear mandate … as far as I am concerned, we have that mandate.”
Leon Chaku Symister, one of the attorneys for the UPP members said he too is pleased, but the concern now is how “the Antigua Labour Party continues to give a false impression to the people of this country as to how our judiciary works …As the chairman of the party Harold Lovell pointed out the ALP batted in the first innings and were joyous and in the second innings we batted and now we’re joyous…”
Meantime, adding to the remarks of both Spencer and Symister, Maginley said he was satisfied with the court’s ruling and he’s confident that the appellate court would make a determination favourable to the UPP on the premise that nearly 80 per cent of the people voted in each of the affected constituencies.
Trinidad-based Senior Counsel Douglas Mendes along with Kendrickson Kentish and Symister represented the UPP members while Hugh Marshall Jr and Rika Bird formed the legal team for the ALP members.
Young Antiguan, at last a young wise young Antiguan who is obviously ‘Kool Aid’ free. You are so right and it is young people like you make me realize that Antigua and Barbuda are worth fight ALP and anyone else for. Keep on being positive, call right by its proper name and do the same for wrong. Do not let nobody brainwash you but continue to look at things objectively. The future of Antigua and Barbuda belong to you and other like you. May God bless you with long life, prosperity and happiness.
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i really wish that this could be an eye-opener for BOTH parties. The ALP needs to realise that sometimes, things do not always go their way and the UPP needs to realise that they have been given a CHANCE to try and make sure that WHEN elections are called that they have satisfied the populace with what they have promised!
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ALP made it look like the voting time when started late didn’t allow their supporters to vote. come on, it’s all parties was affected, alp, upp, ond, independant candidates.
the late start didn’t allow everyone to vote on time because some left while waiting in line(upp, alp and ond supporters), some decided they not voting which also plays in the percentage.
“Lord Guide my government, grant them wisdom and understanding”. ALP need to stop tryingto brainwash peoples minds especially those who don’t know better, this country is for all of us, lets make our tin island state look grerat in the positive lime light internationally, already when you google Lester Bird’s name and Asot Michael names u see a long list of negative things that makes out country look horrible especially witht the whole stanford thing. The UPP government, when you google them clearly see a list of positives things that they are trying to do to bring the name of our islands a great positive name.
God bless the UPP, thanks for the scholarship, the tax dollars are helping in a great way for my studies.
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All you who are trying to pull this country down should stop it.
The judge erred. UPP will prevail at the appeal court. It is the only common sense decision. Let’s reason. The judge cited the 92.2% turn out in 2004 and compared it to the 79% turn out in 2009 in St. George and conjected that the late start may have had something to do with it. Now look at the 93.9% turnout in 2004 in City West compared to the 81% turnout in 2009. Voting did not start late in that constituency. However it had an 11.98% fall in 2009. Incidentally, that is more than the 9.16% fall in turnout in Rural West. Similar trends obtained all across the country. All saints East and St. Lukes 9.4% drop, St. Johns City East 13.69% drop . All Saints West 12.3% fall , St. Johns Rural South 13.77% fall,. St. Johns City South 11.4% drop. The data is compelling.
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It is now a matter for the court of appeal. The decision then will be quite flabbergasting to many. The law is very unique in many aspects. We, who are not judges never comprehend the legal precedences which are used as benchmarks to legitimize the rulings. Let us however all stay calm remembering the each side has and legal and constitutional right to fight his/her case. We will all be stronger for it moving forward.
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It is now a matter for the court of appeal to deal with. As will be expected, the decision then will be flabbergasting to many. The law is so unique in many aspects. We, who are not judges, sometimes find it quite difficult to comprehend the legalities involved, not to mention precedences which are used as bench marks in decision making. Let us all stay calm remembering that each political side has a legal and constitutional right to fight his/her case to the end. We will all be stronger for it moving forward.
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I want to see if ALP continues on their part of trying to make the country ungovernable. They know that is the only way that they stand a chance of getting back in power. They know that the IMF, the CDB and other friendly Governments are willing to stand by the UPP government and help out in these difficult times that have been occasioned by the worst economic, financial and energy crises ever. They know that tourism is on the rebound as a result of aggressive marketing by the UPP government. They know that agriculture is on its way to earn its pride of place where farmers are now getting the long term leases that they wanted for years now. They know that the investments in tourism are being finalized. All in all they know that things are looking up again and growth will soon return to the high levels that they were from 2005 to 2008. They cannot afford that, so they want to send signals that the country is politically unstable in order to ward off tourist and local and foreign investment. To me this is unpatriotic and amounts to economic terrorism.
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