WRONG_WOEID WRONG_WOEID

The AG Asleep At The Wheel

Asleep At The WheelStones and Glass Houses- The dire need for constitutional and other fundamental legislative and administration of justice reforms in Antigua & Barbuda will be readily accepted by fair-minded observers without need for digression into pointless discussion, debate, or debacle.

Recent political litigation and quasi-legal challenges, publicized in the media, have highlighted some of the glaring inadequacies in the nation’s legal system and its underlying legislative framework. Considering the idea often touted by local politicians, that “... we are a nation of laws …,” why then is the infrastructure on which our democracy stands, negligently left in disrepair, while the political leaders, who are mostly lawyers, focus the nation's attention on the superficial, the inconsequential, and the mundane.

Informed Antiguans and Barbudans, with knowledge of legal systems in more urbane jurisdictions, recognize that our laws are in need of urgent revision, and view our legislative shortcomings with more than a tinge of shame and disbelief. Antigua & Barbuda is a political environment rife with finger-pointing and blaming the other side, so why then is the opposition ALP hesitant to agitate against the UPP government’s failure to undertake meaningful legislative revision and reform?

Who is ultimately responsible for leading the critically needed law revision and reform effort? The laws of Antigua & Barbuda were last revised almost 20 years ago, in 1992, while “Papa Bird” was running things. The Lester Bird government (ALP), “talked” constitutional and legislative reform for years (1995-2004), and even empanelled a constitutional reform committee, but never got beyond that point of political expediency.


During that time, the chief legal advisor and de facto Attorney General of Antigua & Barbuda was a prominent Dominican senior counsel, related to the nation’s then prime minister by marriage, and ALP attorney John Fuller, who Lester Bird recently recommended for a knighthood, was his sidekick. Without disputing whether parson has a moral right to “christen he pickney fus,” the pecuniary interests of these trusted legal advisors were attributed a much higher priority in the national spending than needed constitutional and other legislative reforms.

Juxtaposed, the two-term UPP government has promulgated a legislative agenda patently dedicated to increasing the quantity of laws on the books, with little regard for quality or clarity, meanwhile furthering a history of “the ayes have it” legislation, which makes a conundrum of statutory interpretation when tested in the courts. A significant part of this problem resides in the fact that for more than 20 years, the primary function of the solicitor general of Antigua & Barbuda has been to head the legislative drafting department, a role which has completely no relation to the office of solicitor general.

The African-born solicitor general, who possesses moderate English language proficiency and even less legal drafting skill, does the best he can, but the ultimate responsibility must be placed at the helm of the Office of the Attorney General, in the lap of a person who beyond savory political “talk”, remains oblivious to any idea of prudent law revision and reform. To impartially substantiate this criticism, let us examine the roles and functions of the attorney general of Antigua & Barbuda and evaluate performance.

Appointment of the Attorney General

The first person to be called “Attorney General” was John Herbert, who was appointed as King Edward IV’s (28 April 1442 – 9 April 1483) principal law officer in 1461. Indeed, the multi-faceted functions of the attorney general have their roots in the Westminster system, and have been adopted into the derisory template document which was adopted as the Antigua & Barbuda Constitution.

Section 82 of the Antigua and Barbuda Constitution Order 1981 mandates the revocable appointment by the Governor General, of an Attorney General, “who shall be the principal legal adviser to the Government”. The political appointee must be “a citizen entitled to practi[c]e as a barrister in Antigua and Barbuda”, and by virtue of the office, becomes a member of the House of Representatives and may also be appointed Minister of Government by the Governor General in accordance with the advice of the Prime Minister.

Having gained the uncompromised confidence of his appointees, Hon Justin L Simon, QC, is required to shoulder the functions, obligations, and responsibilities of (i) Member of Parliament, (ii) Minister of Government, and (iii) principal legal adviser to the Government, in his role as Attorney General of Antigua & Barbuda. It can be gainfully argued that the work involved with any one of those roles is more than sufficient for one person. In the words of a nineteenth century English commentator, “[t]he Attorney General has to give his days to law and his nights to politics,” which I will show, is ill- advised for any young, fledgling democracy.


Moreover, the mere constitutional oddity and inherent conflicts of interest of being a politician and a member of government, and the giving of independent and impartial legal advice to the said government immediately advances one of the core contentions of this writing: all ministers of government should be elected, and the substantive position of principal legal adviser to the government should be separated from that of a political government minister and Member of Parliament.

The Legislative Role of the Attorney General

The Attorney General is responsible for drafting legislation and for keeping all laws under review. The Attorney must advise the government when a bill is drafted in accordance with pertinent Cabinet directive, and after a Bill for an Act has been passed by both Houses of Parliament, it is presented to the Governor General for assent, as the Queen’s representative.

The Attorney General’s Role in Litigation

The Attorney General is responsible for initiating civil cases on behalf of the state, and for defending civil cases brought against the state. The Attorney General also has the right to intervene in cases involving issues of constitutional interpretation and extradition, and may be required to answer questions in Parliament with respect to laws and cases involving the state.

The Attorney General’s Role as Adviser

As the principal legal adviser to the government, the Attorney General provides legal advice to the Cabinet, orally, by written opinion, legal comments, and endorsement or disapproval of the advice of others. The Attorney General is also responsible to approve legal documents on behalf of the state, submitted by ministries, and statutory bodies; in short, he has the final word of legal advice within the whole executive branch.

Breach of Fiduciary Duty/ Legal Malpractice

Of the aforementioned responsibilities of the Attorney General, I want to avoid his political duties and focus on his constitutional obligation to provide sound legal advice to the government. I contend that negligent failure by the Attorney General to properly advise the government can be reasonably viewed as a breach of his fiduciary responsibility, and grounds to establish the offense of legal malpractice.

Legal malpractice may occur in any area of the law, and takes place when a lawyer’s negligence causes the client (government) an economic loss. Clients and governments trust attorneys to exercise a high level of legal acumen and ethical principles when fighting for the best interest of their clients, thus lawyers are expected to work with the “standard of care” that any sensible lawyer in a similar situation would deliver.

Failure of an attorney to deliver the expected quality of work constitutes negligence, which may present grounds for liability. For example, a contract drafting violation involving incompetent failure to include required provisions or breach of fiduciary duties, which entail an attorney failing to put the client’s interest above or in front of his or her own may give rise to culpability for legal malpractice.


To evaluate the performance of the Attorney General in this light, I will look at the negligence of the government’s principal legal adviser in the hundreds of millions of dollars spent by the UPP government on constructing roads and sidewalks which are now in a terrible state of disrepair, only a short time after they were constructed.

Because the Attorney General failed in his duty to ensure competently drafted contracts for the construction of roads and sidewalks, the government has suffered economic loss in having to find millions of dollars to repair roads and sidewalks that were obviously defectively constructed. Without further evidence, this level of negligence establishes what the law calls a prima facie case for legal malpractice: In a nutshell, as principal legal advisor to the government, the Attorney General’s negligent breach of his duty to protect the government’s interest, was the proximate cause of the government losing tens of millions of dollars.

Performance Evaluation

Even a first year law student will tell you that the construction contracts for roads and sidewalks signed by the government of Antigua & Barbuda should contain provisions to protect the government from having to shoulder the bill to repair defectively constructed roads. Moreover, these contracts should provide the government a “guarantee” for at least 10 years for asphalt roads and 20 years for concrete roads, where any repairs needed during the “guarantee period” would be the responsibility of the construction company.


In fact, competently drafted construction contracts should provide for withholding payment of between five and ten percent of the contract price, for a period of at least one year after the construction is completed, as a further protection against defective construction. Even junior lawyers put these provisions in all types of construction contracts to protect their clients’ interests, so I am sure that a senior queen’s counsel like the Hon Justin L Simon is well aware of his legal obligations in similar circumstances, to protect the interest of the Government of Antigua & Barbuda.

Further elaboration may give the mistaken impression that my purpose is to besmirch, so I digress, except to summarize that the same kind of negligence that amounts to legal malpractice is evidenced in the Attorney General’s negligent failure to protect the interest of the people and Government of Antigua & Barbuda, with respect to the unfinished car park (another incompetent construction contract), the high interest Half Moon Bay settlement (incompetent negotiation), the giveaway sale of the Royal Antiguan Hotel (accessory to corruption), the overpriced purchases of government buildings (accessory to corruption), and “if we build it they will come” housing projects at Follies and North Sound (incompetent advice); the list goes on and on and on.

Final Grade

This cursory examination of the Attorney General’s performance as the government’s principal legal advisor establishes a prima facie case of legal malpractice (negligence) and proves that his services would be better utilized in a position in which legal acumen is not necessarily a requirement. A government’s principal legal advisor in the 21st century is required to understand much more than the law. The responsibilities of the office require excellent negotiation skills, solid knowledge of business, public administration and project financing, for starters, not just the ability to play political henchman.

The Hon Justin L Simon QC received his legal training almost a half a century ago; he is an old-school practitioner, whose political clout was derived from his marriage to Sharon Walter, daughter of the late Sir George Walter, former premier of Antigua & Barbuda. His legal status was guaranteed by three decades of membership in the local legal fraternity that bases recommendations for ascendancy on seniority as opposed to ability, knowledge, or expertise. In sum, our Attorney General is simply an old fish in a very small pond, whose negligent lapses of judgment may be attributable to male menopause.

The Scarlet Pimpernel is the nom de plume of an Antiguan born “knowledge broker” whose intercontinental exploits involve work as a university founder and educator, military strategist, international legal consultant, United States prosecutor, published author, trade advisor in Latin America and international investment counselor. The inimitable acuity of the “Pimpernel” is sought after by entrepreneurs, investors and governments from Dubai to Brazil. Recent work, created for Latin America, which speaks to the conjunction of technology and education to reduce cost, motivate students and improve testing results will be translated and introduced to school systems across
the Caribbean later this year. “Employing anonymity to domesticate the ego ...”

Hits: 2929

32 Comments In This Article   

HEADER   

Who is the Lawyer for Public Works

#32 The One » 2011-02-11 09:22

All Caribarena has to do is find out who is the UPP lawyer for the Ministry of Public Works. Investigative reporters should be busy making sure that information gets into the public domain. I am sure if the reporters continue to follow that money trail they will find a story of corruption in very high places.
0
0
+
−

The One

@ Tenman how can we fix it?

#31 The Devil's Left Hand » 2011-02-10 11:13

It seems to me that no matter how many times these politicians get caught redhanded robbing the nation nothing ever seems to come of it. Are politicians above the law? After MP Daniel made those damning accusations against his colleagues there were absolutely no repercussions. It was business as usual the next day. What was the opposition's response to that golden opportunity? Wasn't that enough for the opposition to demand a commission of inquiry? Isn't that reason enough to mobilize the people for a righteous cause? Can you imagine if that happened in any other country in the world, the people would be outraged and heads would roll. Is the whole nation asleep at the wheel? Sometimes I feel ashamed to be Antiguan, on account of how docile the people are, and politicians just milk that for all its worth.

ANTIGUA & BARBUDA WAKE UP BEFORE YOU FALL OFF YOU BED AND ANTS CARRY YOU WAY.
0
0
+
−

The Devil's Left Hand

@The Devil's Left Hand - someone must pay the bill

#30 tenman » 2011-02-10 10:32

The Devil's Left Hand : I am not sure if anyone heard MP Daniel over a year ago via ABS TV where he stated that a reason for giving those contracts was in order to create more persons who would be able to make financial contributions to the political party. This revelation by Daniel shows why many of the decisions are made eg. Purchasing or renting or even constructing (see Medical benefit hearing) certain buildings. Admittedly the UPP is not the inventor of this process. Due to lack of funds for campaigning, politicians have created a back door way to finance their political campaigns that at the end of the day sacrifices the future of this country.

..
0
0
+
−

tenman

Corruption

#29 Analyst » 2011-02-10 10:08

Somebody told me that CO Williams builds roads in different islands, but Antigua is the only island where the roads that CO Williams build only last for 3-5 years. We know that there has always been corruption at public works, but now I see it clear. When Axxx xxxxxl was running public works he used to give out scores of sidewalk contracts, all of which were deliberately priced under the tenders board treshold. That way he could give the government's money to who he wanted and not have to worry about the required tenders process. The UPP seem to have a more elaborate system involving corrupt lawyers and the whole nine yards.
0
0
+
−

Analyst

Political Corruption and Lawyers Code of Ethics

#28 The Devil's Left Hand » 2011-02-10 09:59

Dr. Newton was first to make the point and then Antiguan Abroad and Tenman finally exposed the truth underlying the AG appearance of negligence and incompetence. This leads to the logical conclusion that the lawyers who actually drafted the contracts for the construction of roads and sidewalks purposely left out the provisions that would allow the government to force their friendly contractors to repair the roads and sidewalks at the expense of the contractor. While we are in the season of looking at lawyers' ethics we have some lawyers that appear to be guilty of illegally colluding in government corruption. Who are these lawyers? Caribarena should use its reporters to find out who were the lawyers who drafted these contracts and interview them. The public needs to know what is going on with tax-payers' money.
0
0
+
−

The Devil's Left Hand

Tenman & Antiguan Abroad, thank you guys for showing me the light

#27 Professor » 2011-02-10 09:35

I concede the point that clients (government) often act contrarary to the advice of counsel (Antiguan Abroad), and that the government seems to have lost confidence in AG Justin Siomon (Tenman) and his most noble recourse is to resign with dignity. The same medicine he prescribed for Jerry Watt is precisely what he needs to take.

I just have a hard time seeing the government acting contrary to advice that would save them millions of dollars, but then again, politicians may have an interest in protecting friends that received these road and sidewalk contracts. I can imagine that kxxxxx were were probably involved, so they had to protect their self interest above the interest of Antigua & Barbuda. Very deep!
0
0
+
−

Professor

@Professor

#26 tenman » 2011-02-10 06:52

Professor I think you are not seeing the valid point Antiguan Abroad is making. Think back to the last parliamentary session when the PM stated he may consult but at the end of the day it is his decision. My recollection is this statement was made after MP Benjamin stated he was sure that the AG advised against the demotion of Watt. Also pay attention to the fact that the AG has stated publicly that at least one decision, the idea for a commission of inquiry for IHI, was made contrary to his feeling. Notice during the tribunal against the electoral commissioners you would see no one from the AG's invoice involved. However I must agree that if I had a client who constantly or substantially went against my advise at the point where it made me look bad, I would think seriously about resigning. What Antiguan Abroad suggest hinto to a potential lack of confidence in the AG by the government.

..
0
0
+
−

tenman

@ Antiguan Abroad let's look for the proof you need DUTY BREACH CAUSE & HARM

#25 Professor » 2011-02-10 05:37

1. We know for a fact that only a short time ago the government paid millions in road and sidewalk construction and repair contracts.

2. The said roads and sidewalks are presently being repaired at the government's expense.

3. If the contracts were competently drafted with the appropriate quality of work guarantee, the government would not have to pay millions in repairs (easily preventable monetary injury).

4. The government's principal advisor has a constitutional duty to protect the government's interest. He maintains an office with about 16 lawyers to make sure of that.

5. Failure to protect the governments interest is a breach of duty. This particular breach was the cause of the government's monetary loss. Sounds like negligence to me.
0
0
+
−

Professor

#24 Antiguan Abroad » 2011-02-10 02:14

Professor, I generally agree with many of the points the author is making, save for this one. Without trying to protect the AG, or condone any of his actions (or inaction), I simply cannot agree, without relevant proof, that the loss of money to the government equates to legal malpractice on his part for drafting poortly worded contracts. I'd first have to review the specific contract terms to determine whether they were in fact competently drafted, and if so, I would seek to enforce terms beneficial to my client. If certain pertinent required clauses were absent from the contract, then the question would be...why? If the attorney general could show that the government executed a contract that was not in their best interest, against his best legal advice, then I think he would be absolved from responsibility. Does anyone have access to any of these contracts? I prefer not to make assumptions.
0
0
+
−

Antiguan Abroad

@ Antiguan Abroad In thw writer's own words

#23 Professor » 2011-02-10 00:59

"Because the Attorney General failed in his duty to ensure competently drafted contracts for the construction of roads and sidewalks, the government has suffered economic loss in having to find millions of dollars to repair roads and sidewalks that were obviously defectively constructed. Without further evidence, this level of negligence establishes what the law calls a prima facie case for legal malpractice: In a nutshell, as principal legal advisor to the government, the Attorney General’s negligent xxxxxh of his duty to protect the government’s interest, was the proximate cause of the government losing tens of millions of dollars."

Do you really believe that Justin properly advised the government, but they objected to the inclusion of provisions that would save them money?
0
0
+
−

Professor

#22 Antiguan Abroad » 2011-02-09 02:55

I disagree with the writer that a prima facie case of negligence is established against the AG by virtue of the fact that the government might have lost millions of dollars from several of its projects. First, I do not know the terms of the specific contracts, and the author never cited specific portions of any of these contracts to support his critiques. As someone who has personally negotiated and drafted hundreds (if not thousands) of complex agreements for some of the largest companies in the world, I am acutely aware that sometimes business (in this case, political) interests compete against sound legal advice.....and sometimes the former wins out. As long as the attorney clearly states his objections in a memo or opinion for the record, he has fulfilled his fiduciary obligations....and I simply do not know whether Mr. Simon has done that or not in these instances, so I would hesitate to criticize him on thus point.
0
0
+
−

Antiguan Abroad

Tobi read b 4 u talk

#21 The Devil's Left Hand » 2011-02-09 00:31

The definition of AG that was used in the article comes directly from section 82 of the Constitution. I understand your dilema, you just can't believe that this UPP "big brain" is so shallow. Read -

82. (1) There shall be an Attorney-General of Attorney-General of Atigua and Barbuda who shall be the principal legal adviser to the Government and who shall be appointed by the Governor-General.
(2 ) No person shall be qualified to hold or to act in the office of Attorney-General unless he is a citizen entitled to practise as a barrister in Antigua and Barbuda.
(4) Where the person holding the office of Attorney-General is a member of the House by virtue of holding that office he may be appointed by the Governor-General to be a Minister.
0
0
+
−

The Devil's Left Hand

@ Skyewill

#20 Analyst » 2011-02-09 00:07

Politics is a dirty game and lots of people are willing to get dirty for a few dollars more. Any teller in the bank where Asot and Lester are allegedly holding stolen money would have access to the account information, so any one of these moderately paid workers would take a few thousand dollars to give up the details.

I understand that such actions are not above board, but that is the way the political game is played and I am sure that you understand that.
0
0
+
−

Analyst

Greart article

#19 fnpsr » 2011-02-08 12:52

SP, this is a great article and you should be commended for calling a spade a spade. I have long indicated that the island of Antigua is in need of major constitutional reform. This article supports me in that respect.

Dr. Newton, your argument supports my idea that all major government positions in the island should be elected by the people. If the AG were elected rather than appointed, he would not be afraid to act.
SP, not only is the AG is a sleep at the wheel, he is on autopilot and he has no idea where he is headed.
0
0
+
−

fnpsr

@ Analyst,

#18 Skyewill » 2011-02-08 11:06

Be serious no decent banker would take a bribe for someones information. I would not be worth their job and it would be unethical. This guy will not last because he will implode. anyone who practice to deceive always loose. it may take a longe time but the longer it takes the worst their situation will be
0
0
+
−

Skyewill

@SP, case dismissed.

#17 Tobi » 2011-02-08 11:03

This Red Pxxx is on a Bird agenda. You set up your arbitrary definition of AG and then grade nonsense to prove your presumptuousness. You have shown your cards. Case dismissed.
0
0
+
−

Tobi

Well said SP

#16 Seasoned » 2011-02-08 05:14

The AG is obviously a malformed political creature of expediency and self interest, who sacrifices the fact of law, and tries to mxxxxxxe the legal enviornment, for pxxxxxxl purposes. His report card shows that he is a monumental failure to the UPP, the Government and most of all himself! From the electoral Commission debacle with Sir Gerald Watt, to the Victimization of Permanent Secretary Clarence Pilgrim, This AG has proven he is not for the law but rather he is against the constitution. All in All the Scarlet Pimpernel's **sment is 100% accurate! This man would not have ever been a consideration for AG in his native Dominica. As usual, we get the leftovers from another country. Only in Antigua.
0
0
+
−

Seasoned

PLM take off the blue blinders

#15 Professor » 2011-02-08 05:02

In my reading of the article the writer chided both ALP and UPP for failing to institute constitutional and legislative reform. Then, the appointment and roles of the AG were addressed, but only the AG’s role as principal legal advisor to the government was tackled. We were also invited to examine the AG’s performance as legal advisor, and were shown simple instances of negligence that cost tax payers millions.

Are we supposed to excuse the negligence that was pointed out simply because the AG may have performed well in other areas? The point of the article is that all lawyers owe their clients a fiduciary responsibility to ALWAYS work up to a standard that does not cause clients to lose money, the AG is no exception.
0
0
+
−

Professor

Cognitive Dissonance

#14 Native Son » 2011-02-08 04:59

Friends, that the AG and The Hon. Ministers all have fallen asleep at their posts is without question. They all had a very great opportunity during the period of the "Crises" to delve deeply and to see this as a period of sober reflection, to revisit many of the laws, especially those that were directly responsible for the sorry state of affairs, to educate the public and to set about to reform the poorly drafted and antiquated laws. Instead we are being told that Government was hamstrung for 18 months. The "Implementation Deficit" runs rampant throughout the Ministries. Instead of updating the Tavern Laws, the Minister of National Security & LABOUR, lets loose the Chief on local businesses which provide economic stimuli and money circulation. It is quite clear that Cabinet is not Strategic. NEST and its resultant action of Reduction have clouded their thinking. Good Governance necessitates Good Laws. Please Review and Update them Regularly. Keep The Faith
0
0
+
−

Native Son

#13 Cool Ruler » 2011-02-08 04:43

Ok, so the one in Miami was dropped Justin what is the latest with the case in Antigua? And don’t say it is sub Jude sa. You have people saying that you are asleep at the wheel. We need to know what is the latest position and why these matters cannot be fast tracked so that the vagabonds can have their day in court.
0
0
+
−

Cool Ruler

@Ruler -according to Barry David the lawyer to MP Michael dec 2009

#12 tenman » 2011-02-08 04:42

Davidson, from the law firm of Hunton & Williams, represented MP Asot Michael in the matter and he believes that the government was left with no choice but to “give up” and walk away once it was recognized that the case could not succeed.

“We argued from the beginning that the action was completely improper in consideration of the fact that the government was already pursuing the matter in the Antigua court. The Judge in Florida agreed and made an initial determination that the Florida action would be stayed for six months to see how the Antigua matter would proceed.

“So we were successful in getting the trial judge to agree that the court in Florida should not go forward with the duplicitous action… And just when the six month period was about to elapse, the government decided to abandon the matter… So, there is no more case in Miami. It’s over”.

..
0
0
+
−

tenman

@Cool Ruler

#11 tenman » 2011-02-08 04:14

Ruler let me add to what @Analyst wrote: the case in the USA was dropped

..
0
0
+
−

tenman

@ Cool Ruler Let me tell you what is the latest - HOT AIR

#10 Analyst » 2011-02-08 04:09

As a sensible person you know that no case in Miami can prevent the AG from instituting a case in the courts of Antigua & Barbuda, wake up and smell the red herring. There is such a thing as “concurrent jurisdiction” (two different courts can have jurisdiction over the same cause of action). In spite of what is happening in Miami, the case can be brought in Antigua because it has “subject matter jurisdiction” on account of the fact that the money was allegedly stolen from Antigua, and also “in personam jurisdiction” or personal jurisdiction because the offenders are right here living in Antigua.

Even a cheap private investigator can pay a bank employee to get the bank records, so don’t buy that argument either. Justin will talk a good game, but will never set a precedent (prosecuting corruption) that could very well land him in jail as soon as he is out of office. You have to learn to recognize political talk and grandstanding for what it is, HOT AIR.
0
0
+
−

Analyst

Of roads, ALP yard fowls, and creatures of the constitution

#9 PLM » 2011-02-08 04:02

Professor,

I didn’t only see roads; that is what SP focused on, expounded on, regurgitated ad nauseam. It is not the AG’s role to formulate purchase orders whether he’s busy or just killing time. We’ve just passed thru an extended period of election challenges, continuity of government, GG supremacy, judicial changes need to address crime and other issues, and you want to know what “heavy constitutional issues” me ah talk bout? But wait, is joke you mekking or you just reach? SP should have addressed the AG’s performance as it relates to those issues instead of who married whom and potholes.
0
0
+
−

PLM

#8 Cool Ruler » 2011-02-08 03:13

Why I am not surprised that the detractors are acting like cheer leaders over this article? Even the former ambassador who fell from grace and is now a top advisors to the ALP felt to need to add his two cents with his speculation. Perhaps the writer believes he should be emulating the fictional character he uses as his moniker. If the AG is guilty of anything is that after six plus years he still cannot find a way to make those vagabonds in the ALP pay for their crimes against the nation. What happen to the case to in Miami and the one in Antigua? The last thing I heard was injunctions was filed and some move to have a certain judge removed from the case. We were told that they could not proceed along two tracks at the same time in Miami and Antigua. Justin what is the latest???
0
0
+
−

Cool Ruler

PLM do not allow party allegiance to diminish your ability to read and understand

#7 Professor » 2011-02-08 02:22

PLM you read this article and only saw roads; please read again, because we have a real opportunity here to stop tax payers’ money from going down the drain. Let me help you to understand, the writer is pointing out that something as simple as incompetently prepared road contracts have caused the nation to suffer significant economic loss. It is also being suggested that similar oversights continue to drain the nation of needed resources and the Attorney General (Government’s principal legal advisor) is responsible for helping the government to plug these easy-to-fix leaks.

Please inform the nation of the heavy constitutional issues with which the Attorney General is so dedicated that he could not have his Office of more than a dozen lawyers easily prevent the nation from losing tens of millions of dollars.

And stop the insipid practice of comparing dumb and dumber. Compare your Attorney General to your idea of what you want in your Attorney General.
0
0
+
−

Professor

Drunk wid red wine

#6 PLM » 2011-02-08 01:30

Of all the weighty constitutional issues with which the AG has had to contend, “roads” is all this red rogue could come of with? Somehow, I don’t think Baroness Scotland busied herself with catering contracts for the local Leicestershire county council. The idea that the AG should be reviewing business contracts of individual ministries is patently absurd. While the AG is no Sir Clement Malone, I’ll take him any day of the week over the last Guyanese xxxx that Lester “medical benefits” Bird hoisted upon us.
0
0
+
−

PLM

@ Dr. Newton ... We must never follow the multitude to do evil

#5 Professor » 2011-02-08 00:52

I can recall the many criticisms levied at the Lester Bird administration by Justin Simon prior to 2004. As tenman intimated in his post, Justin promised to address several of the very issues raised in this article, but apparently, that was just to get us to give his party the keys to the cupboard with the cookie jar.

When Radford Hill resigned his post as Attorney General rather than continue to participate in ALP wrongdoings that his conscience could no longer countenance, he was lauded by his good friend and colleague, Justin Simon, for his moral stance against corruption.

Justin has had seven years as Attorney General to show what he is made, and now that he is weighed in the balance he is found lacking in competence, courage and moral fiber.
0
0
+
−

Professor

a thorough cussing

#4 tenman » 2011-02-07 23:29

PIMPERNEL you really chopped the AG up with this article. Beyond the cussing I must agree with you that the AG must be held in part accountable for the fiascoes you identified. If persons had took the time to analyze the AG's performance when he was counsel for ACB they would not have been surprised by his current performance. I recall much talk, prior to 2004, about the importance of performance clauses yet when it came time to show it could do better the government has done the opposite.

..
0
0
+
−

tenman

Walking a Tipe rope Part II

#3 Dr. Isaac Newton » 2011-02-07 22:54

I agree this matter signals more of a structural challenge than it communicates a lack of legal acumen. I can't imagine that the AG did not raise grave concerns and wage heated warnings against some of the poor decisions the government pursued. Most likely his objections were not in sync with the narrow political agenda of his employers, who like to boast that they are elected while he was simply appointed, a sign that they don't understand the fundamentals of good goverance.

What I mark down the AG for, is his willingness to remain silent and his refusal so far, not to leverage the moral courage to expose his colleagues. Perhaps, there is a fear of being labeled a betrayer, or perhaps there are more potent reasons that has prompted, what appears to be on surface, the AG's inflexible and uniform adherence to the priorities of the Executive, than the wieghtier permanency of the Constitution and the laws.

Let's' keep discussing this ground shaking issue!
0
0
+
−

Dr. Isaac Newton

You gave our AG an "F" ?

#2 Skyewill » 2011-02-07 22:48

I agree with you SP, it is obvious that their gross incompetence in Government. And you are correct on every issue you point out. You even gave good examples of why you graded the AG so poorly. But the AG is the tip of the iceberg. The problem i have is that they would tell you hoe educated they are, pull out ton of credentials, Lawyer, Doctor, PHD, nice suite and tie but when you put them to work they come up with nothing, junk. lots of big talk using words nobody every uses in everyday speaking as they editorialize. I am beyond disappointment. It is even worst because Antiguans will fight you to put the same old incompetents in office all over again. I also agree that ALL MP should be elected. This you loose and become a Senator is crazy. What is the incentive to help your constituency if you know win or loose have a job and a Ministry? Total disregard for the people. I respect you SP and ask that you GRADE ALL OF THEM one by one for us and next time don’t be so nice
0
0
+
−

Skyewill

Walking a tigh rope! Part I

#1 Dr. Isaac Newton » 2011-02-07 22:40

SP, Although your criitque is quite intriguing, effective, forthright and animates with reasonable suggestions for the way forward, as it stands, could the AG have carried out his constitutional obligation within the highly charged political myopia that the UPP government has embraced, without being willing to become a victim of expediency or a corpse of ethical consistency?

Withou t one's readiness to resign on a matter of principle, the AG's position as it is set up, calls for walking a tight rope between complicity, conscience and constitution by unavoilable implication. If it be asked what should be the consequent of such an arrangement, then the AG, cannot exercise his fidiciary duty not warranted by the indiscrete zeal of the UPP's poliitcal mindscape.
0
0
+
−

Dr. Isaac Newton

Add comment

The Scarlet Pimpernel

The Scarlet Pimpernel is the nom de plume of an Antiguan born “knowledge broker” whose intercontinental exploits involve work as a university founder and educator, military strategist, international legal consultant, United States prosecutor, published author, trade advisor in Latin America and international investment counselor.

The inimitable acuity of the “Pimpernel” is sought after by entrepreneurs, investors and governments from Dubai to Brazil. Recent work, created for Latin America, which speaks to the conjunction of technology and education to reduce cost, motivate students and improve testing results will be translated and introduced to school systems across the Caribbean later this year. “Employing anonymity to domesticate the ego ...”

Follow us on Facebook

Spotlight on Education

Previous Next
Govt to give Two Uniforms
Antigua St. John's - Minister of Education Dr Jacqui Quinn-Leandro has confirmed...  Read more

Latest Opinions by The Scarlet Pimpernel

App

Android LogoDownload Caribarena's Android App Click To Download

Find us on Twitter!