Magistrate's Courts - State of Wretchedness

Magistrate's Courts - State of WretchednessIn offering explanations to the House of Representatives on certain“...Magisterial Issues,”Legal Affairs Minister Honourable Justin L. Simon, QC reminded Legislators that “...It is the 21st Century.”

He submitted that in an evolving society, that which was obtained in “...1950, may not necessarily be applicable to modern day society. This is irrefutably true. He posited that in meeting societal change “...bureaucratic and/or administrative challenges affecting the Magistracymay necessitatere-visitation to the Magisterial Code of Procedure Act” [MCPA: Chapter 255]. Evading a direct question posed to him by Member of Parliament,Honourable Lester B. Bird, respecting “...convictions in the unapproved Magisterial Districts,” the Legal Affairs Minister, with wit and evasiveness,” he simply described the situation as   “...TROUBLING [Parliament: December 19, 2013].



This commentary looks at (i) ...Sections of the Magistrate’s Code of Procedure Act (MCPA): (ii) ...Magisterial Districts; (iii) ...Statutory Powers of Governor General regarding Assignment of Magistrates; (iv) ...Separation of Powers; (v) ...Availability and Accessibility to Courts; ...Solutions.” There was no doubt that development of “...orderly communities, maintenance of societal order” are in many respects dependent upon the “...Rule of Law,” and inclusive of an efficient adjudication Role of the Magistracy.” Therefore, it is of vital importance that Magisterial infrastructure are habitable with conducive environment to meet the “...Judicial needs of adjudicators, attorneys, litigants, defendants, witnesses and others having lawful business with the Magistracy.” Additionally, since an aggrieved person’s concept of Justice is dependent upon that which might be concluded, rightly or wrongly, as “...irrational and/or illogical reasoning,” Adjudicators might wish to dispel these through “... reasonable adjudicated Judicial Decisions.”


It was obvious that the Magistrates may have been caught in a“... Jurisdictional Fiascothat was neither their “...creation, nor liking of Chief Magistrate Joanne Walsh.” When Attorney General and Minister of Legal Affairs, Honourable Justin L. Simon QC, reportedly met with the Magistracy over the contentious “...Jurisdictional Practice,” he may have known that he had to tread extremely careful.” Ironically, the Magistracy was within the “...Sphere of his LEGAL Responsibilities.” Hence, adjudicators, for reasons of “...expediency” may have been tangled in an inescapable “...Inherited Practice” that may have been left to wander off into oblivion. The public, litigants, Law enforcement and responsible public officials were reportedly fully aware of the “...lack of Court Room facilities and chronic shortage of adjudicators within the Magistracy.” While there may have been a pronounced shortage of Magistrates, these were not compounded by any “...shortage of adjudicating competencies and/or professional qualities in those currently sitting on the Magisterial Benches.” Though the situation was said to have posed immense challenges, adjudicators had reportedly“...acquitted themselves admirably and commendably.”


A challenging year has passed. So it may have been for many citizens. Reportedly, there were myriad problems both for “...Law enforcement, as it has been for the MAGISTRACY.” A new one has begun and the prospects speak to looming “...Social; ...Economic and ...Political challenges” for visitations upon many impoverished nations. Regional States are not excluded from that, which might descend, even by nature.  Since “...peace and goodwill toward men and respect for human rights and dignity,” are vital to societal orderliness, it is expected that public administrators shall develop clear understanding of the “...Roles and Functions of these agencies.”  


Conversely, the citizenry shall demonstrate an appreciation by discharging their civic responsibilities to society, if only through “...collaboration and/or cooperation in attempting to eliminate societal ills and/or lawlessness, compounded by Crime and Violence.” With some degree of optimism, however, there is hope of a stable and safe societal environment.” These may necessitate concerted efforts in “... reducing the plight of the poverty-stricken and strengthening the machinery for the expeditious, efficient and effective administration of Justice.”  Thus, as it affects human behavior, these are undoubtedly, contingent upon “...Obedience and respect for the Rule of Law.”  Henceforth, it is expected that the significance of the respective “...Roles of Law enforcement and the Magistracy” shall be fully grasped by “...policy-makers and the citizenry.”


Within the nation of Antigua and Barbuda there are three “...Magisterial Districts” for service to the approximately 75, 000 peaceful population on the 108-square mile mainland of Antigua and the 62-square mile sister island of BARBUDA and the approximately 1,500 law abiding residents. Interestingly, the Colonial Powers had carefully avoided Magistrates being assigned to Courts by the Executive. Seemingly, believing that it might be too dangerous in allowing Magisterial ASSIGNMENTS to be undertaken by the Executive, they had prudently made statutory provisions for such powers to reside ONLY in Her Majesty’s Representative, the Governor General” [MCPA: Section 6 (iii)].


For the avoidance of “ ... Executive and Judiciary conflicts,” Parliament  had considered, inter alia, (i) “...The independence of the Magistracy; (ii) ...Protecting the integrity and impartiality of Magistrates; (iii) ...Preventing interference with the administration of Justice; (iv)  ...Undue influence on adjudicators.” It also considered the possible negative impact upon “...litigants, defendants/accused persons, witnesses and/or sureties,” thereby, safeguarding the interest of litigating parties and that of the public.” Chief Magistrate Joanne Walsh has already “...demonstrated the Court’s independence.”These, undoubtedly, may have provided good reasons for Parliament to have considered the “...SEPARATION OF POWERS; (i) ...Keeping the Executive from the Legislature (impossible); (ii)...Keeping both from the Judiciary” (iii) and “...Keeping the three arms from the Powers and Functions of the Governor General.” A “...Logical Consideration” appeared to have been that if the” ...ends justify the means” an Executive might be disposed to manipulate the Magistracy for hounding or exacting punishments on those seen as “...ADVERSARIES.” 


Undoubtedly, Parliament saw the need for the establishment of “...Magistrate’s Courts for societal good.ALL were reportedly ACCESSIBLE to Litigants, attorneys, curious members of the public and/orthose with, vested interest in the “...Administration of Justice.” Contrastingly, in the “...1950’s,” human behavior appeared not to have been as vicious as currently obtains in the“...21st Century.” Yet there were “...ACTIVE Magistrate’s Courts within designated Districts. These were “...purposefully and conveniently” located within certain communities for service to “...litigants and/or others” having lawful business at the “...Magistrate’s Courts of Summary, Civil and Criminal Jurisdictions.”


Clearly, it was for these very reasons that “...British colonizers had established Magistrate’s Courts and strategically placed them in communes” to serve the “...Common Good.”  These necessarily enabled litigating parties and other members of the public to “...Draw near and give attendance by command of the Court. Acknowledging the “...Supremacy of God; ...Showing allegiance; and recognizing the Power and Authority of Her Majesty THE Queen, loyal subjects were expected to implore “...GOD” to “...SAVE THE QUEEN.” This clearly demonstrates significance to the “...Magistrate’s Code of Procedure Act” that “...empowers the Governor General to ASSIGN Magistrates to respective Magisterial Districts in the name of the Crown.”


From time immemorial, Parliament has provided for “...four Jurisdictional Courts” to serve demarcated communities within national border. For ... EASE OF ACCESS,” Courts were established in the nation of Antigua and Barbuda with decentralized locations in the “...Parish of St. John; ...All    Saints; ...Bolans and ...Parham.” Barbuda was designated Magisterial District C.” Hence, for “...adjudication purposes,” Courts were provided legal designations “...Magisterial Districts – A, B and C.” Magistrates were also empowered under the Magistrate’s Code of Procedure Act with Jurisdictions for (i) “...Summary; (ii) ...Civil and (iii) ...Criminal matters.”


Though Attorney Ralph Francis had not made such reference, it was public knowledge that in her capacity as a Member of Parliament, Dr. Jacqui Quinn-Leandro had “...Chided the Antigua and Barbuda Electoral Commission (ABEC)” for its  “ ...witlessly considered idea of a Super Voter’s Registration Center to be centralized at the Multi-Purpose Center, St. John.” She had been proven right. Initially, “ABEC” had experienced that which, from a short distance, they had failed to visualize. She had convinced ABEC Commissioners that a centralized center would be “...administratively and operationally problematic.” When ´...parliamentary colleagues heckled and resentfully interrupted her presentation,” in an instinctive display of “...tigress-like ferocity,” yet with tenacity, independence and understanding of possible implications, “...her fiery verbal wrath had descended upon parliamentary wimps like a bolt of lightning.”


None had escaped the vociferous chiding for not appreciating that the “...Super Center Idea was pregnant with operational difficulties.” Incensed and driven into harboring thoughts of “...irrationality, incivility and administrative callousness,” she had described the idea as “...TOTALLY RIDICULOUS [Parliament: August 2013]. Dr. Jacqui Quinn-Leandro had seen “...inconvenience and hardship, resulting from a “...Centralized Voter’s Registration Center.” More fundamentally, however, she may have seen “...Disenfranchisement.” Consequently, she had effectively influenced the “...establishment of Voter’s Registration Centers at “...EASILY ACCESSIBLE Locations.”Attorney Ralph Francis contended that similar ACCESS shall be obtained by legal officers, defendants and/or litigants residing and/or practicing within “...Magisterial Districts B and C.”


 While the facility at All Saints reflected“...reasonable conditions,” lack of furnishing to accommodate officers of the Court and inattention to enhancement of office for adjudicators and Clerk” were suggested as reasons for its non-functional status.” Existing conditions at “...Bolans,” reportedly speak sorrowfully to “...disrepair or complete wretchedness.” The non-existence of a physical Court facility at Parham was said to have been causes of grave concern to the “...Magistracy, Law enforcement, Attorneys, Defendants, Witnesses and Litigants.” Instructively, the Act states “...Suitable offices for holding Magistrate’s Courts in each District shall be provided” [MCPA: Section 13].


The practice of trying cases “...Outside Gazetted Magisterial Districts,” may have been seen by several attorneys as having “...adverse effects on fundamental individual liberty and protection contained in the Constitution Order 1981.” The Constitution states, “... If any person is charged with a criminal offence then, unless the charge is withdrawn, he shall be afforded a fair hearing ‘...within a reasonable time by an independent and impartial Court established by Law” [Section 15: 1981]. Should trial be delayed, adjudicators are cautioned, “...When a person is arrested, ‘EXCESSIVE BAIL’ shall not be required in those cases where bail is being granted” [Section 5 (4)]. These were to be guided by “...Jurisdiction and Magisterial Districts.” Cognizance of the “...Plight of Defendants” residing on Barbuda,” Attorney Ralph Francis was forced to “...Call Foul.” Thus, guided by a “...professional practice spanning for almost three decades,” procedural knowledge enabled discernment of “...an adjudication Practice, unsupported in Law.” He had reportedly sought quietly, but unsuccessfully in bringing “...cessation to the Practice.


Mindful not to attribute the situation to “...Adjudicating Magistrates,” Attorney Ralph Francis saw the current situation, as “...systemic and prolonged negligence in providing Magistrates with properly equipped, adequately staffed and functional Magistrates Courts.” The solution to current “...Magisterial and Jurisdictional problems” may not necessarily be achievable through “...Legislative Amendments,” but through “...construction and repairing the neglected and/or abandoned Courts” that they may become actively functional. Whatever may have been frowned upon as “...improper legal practices, or revealed through “...official explanations by officials within the Magistracy,” Legal Affairs Minister Honourable Justin L. Simon QC has indicated that provisions contained in the Act might necessitate “...Legislative considerations in the New Year[Observer Media: December 19, 2013].


Notwithstanding, Attorney Ralph Francis, was aware that in exceptional cases, “...Defendants who may have been moved by” ... conscience and guilt; and guided by the wise counsel of an attorney,” may have considered it “...expedient in submitting to the Jurisdiction of a Court in session.” Thus, they were free to WAIVE their rights to “...Speedy Trials for Summary offences.” Even though the defendants were not necessarily placed at a disadvantage, this may not have necessarily eliminated judicial sanctions that may have been justifiably imposed upon him for the offence to which “...he had admitted guilt.” Thus, in such instances, the “...Facts of the Cases were given and where applicable, exhibits submitted by the Prosecution.


Even though Courts may “...Take Judicial Notice,” the “...PARISHES and MAGISTERIAL DISTRICTS” in which the offences were alleged to have been committed, shall be included in the Facts. Moreover, these were “...Jurisdictional requirements as contained in Statutory Instruments Nos: 7 0f 1973: 36 of 1984 and 9 of 1989.” Courts had often accommodated the “...Persuasive Powers of Defence attorneys in Pleas in Mitigation.” Each attorney had previously travelled to the several Magisterial Districts. For instance, many Counsels, the “... Sir Gerald A. Watt’s KCN QC;...Justin L. Simon’s QC; ...E. Ann Henry’s; ...Keith Forde’s QC; ...John Fuller’s;...Sylvia O’mard’s; ...Harold Lovell’s; ...Dane Hamilton’s QC; ...Steadroy ‘Cutie’ Benjamin’s; ...Hugh Marshall’s Jr; ...Arthur Thomas’, including the contending RALPH FRANCIS,” were among the several “ ...Practitioners” who had successfully submitted “...Pleas in Mitigation on behalf of their clients.”


Anticipating that the “...Magistrates’ Work-loads might be overwhelming,” Parliament provides for the appointment of “...Additional Magistrates in the Magistrate’s Code of Procedure Act.” Thus, it may have been seen as inexcusable for any shortage of adjudicators. The provision states “...There shall be such number of Magistrates as may be required for the purposes of this Act” [MCPA: Section 5].These may have been associated factors for the “...temporary appointments made” when “...Case Backlogs” appeared to have overwhelmed the four permanent Magistrates adjudicating in the four Magisterial Districts.” If it were not so, former acting Magistrate, attorney Dexter Wason may not have been considered for a “...temporary six-month contractual appointment to the Magistracy.”


To all intents and purposes, English Common Law Traditions were said to have recognized that “...three defacto jurors from a community may well have a more REALISTIC understanding of local life than a single District Judge who possesses only a BACKGROUND in Law” [Wikipedia].As in the case of all reasonable creatures in being, “...Adjudicating Magistrates,” like other professionals shall be guided by “...Reason and Conscience.” A distinguished British legal luminary had posited “...Magistrates are superior to all suspicion” [Sir William Blackstone: British Law Professor: 1765].Therefore, having been “...endowed with powers of discernment,” they shall have the capacity to know the difference between “...Good and Evil; ...Truth from Falsity; ...Partiality from Impartiality and Justice from Injustice.”


Therefore, judicial knowledge of the wider community and that which obtains daily, have been said to be helpful to the enhancement of “...sentencing philosophy” Where this was found not to exist, it was said to have “...gravely affected prison populations.” The legal luminaries were alluding that “...Jurors who possess intimate knowledge and understood community customs, commonalities and practices,” were in a better position in understanding human behavior than those who possess merely a “...Law Degree.” Hence, “...Magistrates, inter alia, shall possess intelligence, common sense, integrity and the capacity to act fairly” [Wikipedia].  


From his legal understanding, Attorney Ralph Francis was aware of “...Criminal Sittings” held within the several Magisterial Districts that appeared void of “...Jurisdictional Authority.” For instance, he had seen several accused/defendants being remanded for weekly periods due to the “...Lack of Magisterial Sittings on BARBUDA.” He had reportedly seen others suffered similar fate as a result of prosecutorial tardiness.”  However, that which had become contentious and reportedly provoked unease among attorneys, were cases in which “...Summary Proceedings” were instituted by the Police in the designated “...Magisterial Districts” against accused persons with “...Trials held outside statutory designated Magisterial Districts.” These he saw as undesirable and inconsistent with the “...provisions contained in the respective Statutory Instruments.”


The gravamen of attorney Ralph Francis’ contentions, however, primarily stemmed from either a questionable “...Jurisdictional Sittings, and/or Inoperable, Non-functional and/or Non-Existent Court Rooms,” necessary for the “...efficient administration and expeditious dispensation of Justice.” Several of these sittings were said to have been held “...OUTSIDE Magisterial District C-BARBUDA.” Thus, when he had expressed his professional views, it was obvious that he too appreciated the inconvenience endured by “...BARBUDANS” accused of infractions on ...Barbudan soil. He was mindful that the wheels of Justice needed to be constantly spinning in the Magisterial Districts,” where they appeared to have virtually ground to a halt.”


The Courts’ Orders are derivatives of “...Statutory Instruments, made under Section 11 of the Magistrate’s Code of Procedure Act.” The Section states “...The Minister may by order appoint the places where, and the time Courts shall be held in the several Districts.” This appears to be situational as in the case of the “...High Court’s temporary location at the Industrial Court’s facilities down town St. John.” For Magisterial District A,” the Order states “ ...As from the 19th day of November, 1984, the Magistrate’s Court for District A shall be held at 9 o’clock in the forenoon or such other time as the Magistrate presiding over the said Court may appoint on the days in each week and at the place shown hereunder: ...At the premises at the Corner of Nevis and Temple streets in the PARISH OF ST. JOHN, which said premises is known as the Hadeed Building on ANY week day except Saturday” In spite of the exception, the order provides for Court Sittings as the “ ...Magistrate may consider necessary” [S.I. No. 36 of 1984].


The Magistrate’s Courts Orders shall be held (i) ...At the Police Station, PARHAM in the PARISH OF ST. PETER on every TUESDAY; (ii) ...then for Magisterial District B, BOLANS, it states “...The Magistrate’s Court, Bolans, in the PARISH OF ST. MARY, shall be held at 9 o’clock on WEDNESDAY or at such other time as the Magistrates presiding over such Court may appoint and on the days in each week [S.I. No.36 of 1984]. As it affects (iii) “ ...Magisterial District B, ALL SAINTS, in the village of All Saints, in the PARISH OF ST. PAUL, the Order states “ ...As from the 8th day of February, 1973 and thereafter, every THURSDAY and on such other day as the Magistrate presiding may appoint”  at the All Saints Police Station[S.I. No. 7 of 1973].  [MCPA: Chapter 255].


Parliament, anticipated that there will be need for “...Daily Sittings of the Courts in the respective Magisterial Districts.” Even though “...the society has changed and anti-social behaviors, crime and violence have increased,” it was clear from the “...Statutory Instruments,” no provisions were made for “...Itinerant Courts.” Thus, it provides for Magistrates to consider “...tentative and/or fixed dates for continuation and/or completion of “...Summary Trials; ...Civil Hearings and/or Committal Proceedings.” In respect to sittings on Barbuda,  Court’s Orders clearly states “...As from the 1st day of April, 1989, the Magistrate’s Court of District C, BARBUDA, in the Parish of Holy Trinity, shall be held at 9 o’ clock in the forenoon or such other times as the Magistrate presiding over such Court may appoint on the days of the week and at the place shown hereunder: ...At the COUNCIL HALL of the Barbuda Local Council Chambers in Codrington on ANY week day.” It also provided for Sittings be held on Saturdays as necessity dictates [MCPA: S.I. No.9 of 1989]. In the event of developments affecting the infrastructure, “...Orders may be made and published in the official Gazette to facilitate jurisdictional Court room use within particular Jurisdictions.” The Districts are not transferrable. However, “...more than one Magistrate may be assigned to a District upon the recommendations of the Minister of Legal Affairs.”


It was known that when people had viewed situations through “...Hazy Lens,” not only that mental imagery became blurry, perceptions might also become distorted. Conversely, when stipulated laws were looked at through similar lens, the mind develops “...Hazy Interpretations.” Given the provisions that may have been seen as “...Hazy” to the Honourable Attorney General and may lead him into “...Legislative Temptation,” indiscrete yielding could provoke much more than “...Denial of Royal Assent.” From its “...initial enactment and operations [February 10, 1892], there has been Law Revisions [1992] and several Amendments up to2004.” When Her Excellency Dame Louise Lake-Tack was appointed to the post of Governor General,  her statutory powers under the “...Magistrate’s Code of Procedure Act,” states “...The Governor General may ASSIGN a Magistrate to more than one District[MPCA: Section 6].


The Courts were specifically established for persons (i)...Having lawful business; or (ii)...Seeking legal redress; may have ‘easy, convenient and unfettered ACCESS;’ or (iii) ...Commanded to attend; including  those Law enforcement have made amenable to the Law, within particular “ ...Police and Magisterial Districts.” Since designated Magisterial Districts are not physically transferrable,” Attorney Ralph Francis was adamant that “...Summary Trials, Committal Proceedings and/or litigious civil matters shall be the functions of ASSIGNED Magistrates and conducted within designated Magisterial Districts as provided in the Statutory Instruments.”  Logic, therefore, dictates that wherever Magistrates were assigned, they were “...bound to make physical appearances in such Districts.” It was for such purposes that Parliament had designated “...Magisterial Districts A, B and C [MCPA: Chapter 255].


 It was to be understood that although the “...Magistrate’s Courts District Order” makes no provisions for “...Itinerant Court Sittings in Magisterial District C, Barbuda,” the “ ...negligible volume of work had made Magisterial sittings itinerant from time immemorial.” Notwithstanding, the “...Court held sittings on dates appointed by “...presiding Magistrates jurisdictionally on BARBUDA.” When trials of Barbudan defendants were held in “...Magisterial District A,” attorney Ralph Francis described the sittings as “...jurisdictionally unlawful.” Ensuring that the status quo of the Magistrates remained, he had prudently avoided suggestions that may have “...impugned the integrity, impartiality and/or professionalism of Adjudicators.” He had displayed professional wisdom, concentrating on possible “...inconveniences and hardship experienced by accused persons and/or litigants residing in the several Magisterial Districts.”


In the case of “...Magisterial District C, BARBUDA,” the absence of a “...Resident Magistrate,” had reduced the “...Court’s Jurisdiction” to the unreliability of an Itinerant Court.” Such may have been seen by the “...ABORTED December 16, 2013 Sitting for the Final Quarter of the year.” Conscious that without “...Proclamation and officially Gazetted Locale, attorney Ralph Francis and other legal practitioners have argued that persons were “...religiously tried in Jurisdictions not supported in the “...Magistrate’s Code of Procedure Act.” Thus, ARRESTED and charged with offences allegedly committed on “...Barbuda,” accused were reportedly taken to “...Magisterial Districts A and B- Antigua for either “...Guilty, Plea, BAIL or JAIL.” Several had reportedly “...suffered indignities” initially experienced by ancestors, “...Stolen from Africa.” Against International Law, they were reportedly “...Shackled and Shuttled across the sea to Antigua.” Then upon arrival they had been forced to “...Fight for Trial and Fighting for Survival” [Bob Marley]. Those fortuitously “...Satisfying Bail Conditions, “had reportedly faced monumental difficulties sourcing sustenance and/or means to wend their way back across the 28-mile sea journey to BARBUDA.


Dependent upon the “...State of Prosecutorial Preparedness,” BARBUDAN residents charged with criminal offences within “...Magisterial District C,” were likely to increase the prison population. This was also contingent upon, inter alia, (i) “ ...Nature and gravity of the offence; (ii) ...Persistency in criminal behavior; (iii) ...Flight risk or possibility of absconsion; (iv) ...Personal safety of accused; and/or (v) ...Protection of the community.” Worst yet, “...accused persons may also be remanded in custody,” due to “...In accessibility to Barbudan or Non-Barbudan Sureties; ...Cash component and/or Travel document in meeting Bail conditions; ...Non-appearance of families or friends for moral support.” In these circumstances, defendants who may have been “...offered bail with certain conditionalities” and were unable to “...source financial assistance and/or Sureties,” had invariably and inescapably ended up in “...Institutionalized Residency.”


While lethargic approaches to improving the Magistracy, appeared to have prompted him to express “...Concern over Jurisdictions,” Attorney Ralph Francis, nonetheless saw “...more very critical needs for the effective functioning of the Magistracy.” These include (i) “...ensuring adequacy of functional Court facilities; (ii) ...sufficiency of adjudicators; (iii) ...competent staff and other requisite resources.” He saw these as fundamental to the efficient administration and expeditious dispensation of Justice. He identified “...INACCESSIBILITY to Jurisdictional Courts” as the main hindrance to the expeditious administration of Justice. He argued that if officers of the Courts and adjudicators within the Magistracy were to be seen as “...purposely serving their legal and/or Magisterial purposes, there shall be easy access to functional District Courts.” He was of the view that the tranquility and stability enjoyed by the citizenry, speaks more to their “...peaceful nature in discharging their civic responsibilities,” while recognizing and showing allegiance, obedience to, and respect to the Rule of Law.” 

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2 Comments In This Article   



#2 skyewill » 2014-01-08 22:28

These guys just all of a sudden become bright and thoughtful and now how to fix everything weeks before elections. What manner of men are these? The legal system is shot.


RE: Magistrate's Courts - State of Wretchedness

#1 Time to pay » 2014-01-08 11:22

Simon.... It is just time for you to go....! We have had it with you... You have not done right for Antigua... Costing us Millions in interest regarding HMB... Now Lovell has to get all the Egg on his face... Where are you in this now... Hiding...Really man time for you to Go....! :-?

Time to pay

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