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Dr. Maria Agard, expelled from the BLP in the Ch Ch West constituency
Dr. Maria Agard, expelled from the BLP in the Ch Ch West constituency

The following was extracted  from the Facebook page of Christ Church West (BLP), posted by Lynette Eastmond, one of the lawyers representing Maria Agard in the unprecedented matter of a sitting MP expelled [โ€ฆ]from a political party.

WHICH ONE OF YOU DOES NOT WISH TO BE TREATED FAIRLY?

Every individual sojourning in this fair land of ours has the right to be treated fairly. This is a right born out of our natural sense of what is right and wrong and has been set down through case law. Natural Justice is a part of the Common Law inherited from the British. When you become an employee of a company or if you become a member of an unincorporated association the cloak of Natural Justice remains your right. You continue to be clothed by it. There is no carve out for associations or their leadership even in circumstances where they consider themselves special or above the law.

There are a number of principles which would seem obvious to individuals whether they are lawyers or not. We have heard it said time and time again that you can not be a judge in your own cause and this is one of the basic tenets of natural justice. Let us take a hypothetical case. A membership organisation appoints an Executive Committee to lead the organisation. The Executive Committee decides that it might wish to discipline a member. It sends one of its members out to investigate and lay the charges. The Executive Committee endorses these charges and then invites the member to a meeting to be heard or to be disciplined. This would seem to me to be in breach of the rules of natural justice where you can sit as prosecutor, judge and jury. The disciplinary panel must appear to be biased. And yet another point. Individuals who have a pecuniary or non-pecuniary interest in the outcome should not sit on a disciplinary panel. For example if the person who chairs the disciplinary panel can determine the professional future of even one of those comprising the panel, then certainly there is a possibility that that panel will be biased. And that is all the law requires, a possibility of bias.

THE ONLY THING NECESSARY FOR THE TRIUMPH OF EVIL IS FOR GOOD MEN TO DO NOTHING.


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413 responses to “Maria Agard Denied the Right to Natural Justice”


  1. @Miller

    When OSA visited CH CH West all those years ago to rule on whether Symmonds, Odle or Duguid should be nominated, in what capacity did he do so?


  2. Any real political leader has to rid themselves of threats or potential threats to their leadershipโ€ฆ..thats the name of the game.
    +++++++++++++++++++++++>

    Yes, but are you really leading, or are the rest just following …for now?


  3. It is interesting to witnessed Osa being raked over the coals by his most faithful blp footsoldiers .
    Indeed day has run and night has caught up with it.

  4. millertheanunnaki Avatar
    millertheanunnaki

    @ David November 25, 2015 at 1:40 PM

    I don’t know. Probably as the chairman or leader of the party. You tell us!


  5. @Green View November 24, 2015 at 9:46 PM “these demons and his voice cracked with emotion as if possessed by another personality.”

    I hate to have to come on here and be the devil’s advocate again, but…

    Why wunna always wrongfully blaming demons for MALE MISBEHAVIOUR?

    What wunna saw and heard yesterday wasn’t anybody posessed by demons.

    Demons what!!!

    It was just a MAN behaving in a way that a lotta, lotta MEN behave [often in private]… mixed in with a heavy, heavy dose of Jamaican bred homophobia and large, large home-bred Bajan dose of misogyny.


  6. @Raw Bake November 25, 2015 at 1:44 PM #

    Does not matter………all leaders time are finite………..the king/queen is dead long live the king/queen.


  7. The point Dear Miller is that he did not do it on behalf of the Executive of ch ch West or the general council. You are well aware these party organs do the bidding of the leader of the party.


  8. Which is more desirable, asking people to follow you or people asking you to lead them?


  9. ac
    Why don’t you guys hurry up and take Owen as chief economic advisor? Can’t you see that even when alone as an Independent he is lonely and vengeful?


  10. David
    Why are you making excuses for Owen? Mia is not doing anything he didn’t do when he was Prime Minister.
    Remember a whole by-election was rigged to produce the result expected and demanded by JMGM Adams.

  11. millertheanunnaki Avatar
    millertheanunnaki

    @ ac November 25, 2015 at 1:45 PM

    When OSA staged the coup against Mia in 2011 you were one of her most sympathetic bloggers accusing the BLP and its dictator as anti-female and a bunch of misogynists fanatically against the idea of a woman in charge of them.
    Is she no longer a woman or is she a fallen angel in your books?

    BTW, when are you going to release the Pegasus Hotel tapes? When elections are announced after OSA becomes the LoO again (for the third time)?


  12. @Alvin Cummins November 24, 2015 at 11:05 PM “And here, at this time, within the party to whom she had tied her political future, when she needed them most, that members of the party, obviously in collusion with the leader, were undermining her. I can imagine how her heart must have been hurting, when she discovered this.”

    I am sorry I am not Maria’s mummy otherwise I would have given her a piece of advice my own mummy gave me. My mother used to talk about “rum friends” or alternatively “buy friends”

    Rum friends or buy friends are not true friends. When the rum gone or the money the rum friends or buy friends gone too.

    Dear Maria:

    Political friends are NOT your friends. You can politic with them, but don’t ever expect them to be around when you are sick or dying.

    Remember this: NEITHER POLITICAL FRIENDS OR RUM FRIENDS NOR BUY FRIENDS are true, true friends.

    And walk softly, but always carry a big stick.


  13. @Willie

    Not making excuses, simply responding to Miller’s point the responsibility to expel Agard was the general council. We all know it does the bidding of the leader.


  14. My comment at the beginning of these political shenanigans was, “Who cares?” Some of you have gone all around Barbados just to arrive at the point where I started. “Who cares?” There’s really no news here. This sort of thing has happened many times under almost every leader and the only thing different is that Maria has been expelled from the party. Frankly, I have more important things to do than to worry about which egg get break up and throw out at Big Rock party whether it be a political party or a house party. It is six of one and half dozen of the next. I am more concerned with who the bank is expelling from their houses because they are unemployed and can no longer pay a mortgage. Just like Rita, when these hardships are being experienced without an end in sight because of this endless stream of greedy house party goers who really can’t even dance, “I can’t party!”

  15. millertheanunnaki Avatar
    millertheanunnaki

    @ David November 25, 2015 at 1:49 PM

    That, David, reinforces the point that OSA was a de facto dictator aka political despot aka tyrant hiding behind a cloak of constitutional requirements.

    Mia therefore has been well trained and groomed for the job.


  16. Millertheanunnaki
    Owen is a fully spent force. How is he going to win a war with Mia in a party she now controls almost fully? This is not 2011, he now has two good defeats under his political belt. His relevance is shown up by the fact that in the last 15 years in Barbados, he has one victory and two defeats at the polls. He has been rejected by people of Barbados in preference for two different people, firstly Thompson and then Stuart.


  17. You are correct miller was a big supporter of mia believing her to have been disrepected and not giving a fair chance at her ousting under Osa.
    As the old adage goes time is longer than twine as Mia has returned the same unfavourable disrepect to one of her own ministers
    In good conscience i cannot agree with Mia/s handling of the agard issue especially when Mia was dealt a similar blow at the hands of osa i vehemently disagree at the way she was being mistreated


  18. David November 25, 2015 at 1:40 PM #

    โ€œ@Miller: When OSA visited CH CH West all those years ago to rule on whether Symmonds, Odle or Duguid should be nominated, in what capacity did he do

    Arthur was Prime Minister at the timeโ€ฆโ€ฆ.. so, exactly what is your point?โ€

    The following is an excerpt from an article you posted to BU entitled: โ€œRAWLE EASTMOND IT IS TIME TO GO YOU GOOD AND FAITHFUL SERVANTโ€

    โ€œThere is precedent in BLP politics to suggest that Arthur has not been afraid to back a candidate in the nomination process. The most visible case is in 2003 when William Duguid, Jessica Odle and Kerri Symmonds fiercely competed for the nomination in Christ Church West to replace Henry Forde. Political pundits would recall that Kerri Symmonds was known to be Arthurโ€™s pick. Like Eastmond, Duguid and Odle refused to be intimidated by Arthur and Symmonds had to withdraw. The rest as they say is history. Rawle Eastmond can take heart from that case. The difference maybe that a young and energetic Duguid was able to mobilize a well oiled PR campaign which eventually earned him the nod.โ€

    Interestingly, you also made the following comment on the article:

    โ€œDavid January 27, 2012 at 10:16 AM #: Are we witnessing a mianic cleansing?โ€

    There are blatant similarities in both scenarios. You have been implying that Mottley wants Jerome Walcott to run in that constituency, which is no different than Arthur wanting Kerry Symmonds to do the same back then.

    The only difference is that probably Agard was treated a bit unfairly.


  19. ac
    No one here is buying your morality now or ever, certainly never once it involves the BLP.
    MARIA AGARD ACCEPTED THE CHALLENGE, SHE AGREED TO BE THE ONE (OF THE 5)TO CREATE THE PUBLIC FIGHT WITH MIA SO THAT MIA’S LEADERSHIP OF THE BLP COULD BE CALLED INTO QUESTION ALL TO GIVE RISE TO RETURN OF OWEN. SHE COULD HAVE DECLINED TO PLAY THE THAT ROLE, BUT SHE DIDN’T………SHE TOOK UP THE CHALLENGE AS IF IT WAS TOTALLY HER OWN.

    AND NOW THAT SHE GET SKIN OUT, FRONT TEET GET KICK IN POLITICALLY SHE RUN FOR LAWYERS AND CRY BREACH OF NATURAL JUSTICE?? THE PROBLEM WITH MARIA AND OWEN IS THAT THEY NEVER FACTORED INTO THE EQUATION THAT MARIA WAS HAVE HER HEAD LOPPED OFF WITH A SWORD WHO’S HANDLE DOES NOT CONTAIN THE FINGER PRINTS OF MIA AMOR MOTTLEY.


  20. Some people were led to believe that certain person were better than their predecessors and that it would not be business as usual. Others, seduced by silver tongues, even expected meaningful change.

    Even for the most popular and entitled, confirming same old as the way forward is therefore not a good strategy.

  21. millertheanunnaki Avatar
    millertheanunnaki

    @Willie’s November 25, 2015 at 2:10 PM
    โ€œHe has been rejected by people of Barbados in preference for two different people, firstly Thompson and then Stuart.โ€

    But Willie, the “most” unkindest and fatally deepest cut of all was applied by the nincompoop Fumble.
    What does that say about OSA when Bajans chose Froon the fool over OSA the kind-hearted despot who would have done a Moses and taken them back to the promised land of economic milk and honey?

    Was it the defectively short memory of Bajan brass bowls or was it a lingering dislike of his 14 years of tyranny and, according to ac & co, mismanagement, misrule, squandermania, graft and corruption?


  22. @pieceuhderockyeahright November 25, 2015 at 4:18 AM “I have had many girlfriends, and 3 too many wives during the years choices which I now in hindsight can blame on emotion, passion and just being stupid.”

    Why you can’t just admit that for much of your life you let the small heads rule the big head.

    Stupseee!!!


  23. Can anyone tell us if Gollop or Eastmond or Payne file the claim in court for Dr. Agard? What she waiting on?


  24. @Miller

    You need to qualify your statement that a PM in our system is known to be first amonsgt equals.

  25. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    @ Artaxerxes

    You either have a photographic memory or work for, or have access to the Nation News archives and one or two other newspaper archives.

    Either which way you use your information to cement your point


  26. Bush Tea November 24, 2015 at 10:21 PM “When the BIG shit hits the international fanโ€ฆ.and there is nothing to eat bout hereโ€ฆ no gas for the BMWs, and no medicines ..we shall see how this lotta shiite talk has been helpfu.”

    We put down the BMW’s and walk. You remember walking 4 miles to/from school when you were 4 years old? I do.

    We cultivate the land. With fork and hoe if necessary. You remember picking grass in your father’s and mother’s fields when you were 4 years old? I do.

    If you are walking everywhere and working the land you will not need anything that bush tea can’t cure. You remember drinking bush tea for everything? I do.

    You remember the flu epidemic of 1957 and nothing but bush tea? I do.

    You remember getting the mumps/measles/chicken pox because there were no immunizations? I do.


  27. millertheanunnaki Avatar
    millertheanunnaki

    @ David November 25, 2015 at 2:41 PM #
    โ€œMiller
    You need to qualify your statement that a PM in our system is known to be first amonsgt equals.โ€

    Not when it comes to the Caribbean-style Westminster interpretation of “Primus inter pares”.
    The P M is a de facto dictator around this place.

    But there is one exception I can think of. The current P M in Bim. A real lame duck who dare not reshuffle his Cabinet of incompetents far less remove the likes of the maverick Estwick or the rudely disrespectful Inniss.


  28. @Artax

    BU will treat cases on merit. Agard is being fed the shitty end of the stick. The politicos can spout all they want, it is what it is.


  29. @ David November 25, 2015 at 3:25 PM #

    @Artax

    BU will treat cases on merit. Agard is being fed the shitty end of the stick. The politicos can spout all they want, it is what it is.
    ………………………………………………………………………………………………………..

    Politics has no shitty end.

    Politics has no rules and no friends,it is the art of the possible and doable……check Machiavelli.


  30. @Vincent

    Machiavelli is a bent one can or not practice. It is not mandatory. We can decide if we want to follow a different path. Why are we so slavish to a Machiavelli doctrine?


  31. @David November 25, 2015 at 4:33 PM #

    We did not invent politics,the rule of no rules is what it is.

    If like Baffy and BT you wish a different form of governance for our island,then you must encourage them to start a movement in order to sell this new governance idea that does not involve politics to the masses.


  32. Arthur comments were most chilling indictment of a prospect leader of Barbados. The word despot is reserved for the most despicable leaders such a’s European killers like Adolph Hitler.Motley seems afraid to respond to Arthur,I wonder why. Arthur talked about the future of his children and grand children .I wonder if he was thinking that way when he was PM and allowed Barbados to be invaded and overrun by an extremely large number of unsecured,semi-educated miscreants mainly from Guyana Jamaica who have taken over Barbados and have Barbadians suffering as a result Politicians a bunch of bold face criminals


  33. Nigger man et Aux
    Name one person in Barbadian politics today acceptable to lead an unbiased citizenry tomorrow.


  34. @David re “Machiavelli is a …[???]. It is not mandatory. We can decide if we want to follow a different path. Why are we so slavish to a Machiavelli doctrine?”

    Did you write that during your were having your mid-afternoon nap..a sleep-write sorta ting ? Are you serious? What different path are you talking about, David?

    I know that blogging is all about personal opinions and throwing out different and new perspectives but I always saw you as a practical, purposely guy who put together a great blog with your team of acolytes to discuss REALISTIC stuff.

    With respect bro, please tell me (the BU family apparently already understands you) what different path a new Barbadian political directorate can invoke and implement that would not slavishly follow the treatise that so succinctly and clearly describes political machinations the world-over.

    Or are you just being verbally provocative!!


  35. @Dee Word

    All is possible but we have to open our minds.

  36. LT.HORATIO CAINE. Avatar
    LT.HORATIO CAINE.

    Well Arthur kicked loose a pair of stones yesterday with ferocious power, wuhloss. ouch, that must have hurt real bad.All like now i don’t feel they find them pair of stones. PETER WICKHAM yours next, as i have said this situation was an ill advised move concocted by the likes of Wickham and those who felt that this would be a nine day wonder,they felt that going into Agard’s area and getting a few mischief makers to vilify the dear lady was enough to sway public opinion but oh were they wrong, this lady is now viewed as someone who can be likened to Rosa Parks, one who is not afraid to go against an unjust system which is steeped in Despotism.The irony in all of this is that efforts to destroy my girl MARIA has now made her so much of a darling in the eyes of the general public, she has garnered immense support and a great deal of sympathy,Peter Wickham once again i have detected a wobble this time your sooth saying has once again been totally wrong, you and your agenda that we know quite well is not hidden, will always cloud your perverted vision,this time you took the wrong bull by it’s horns and true to form you have caused Mia more problems than she has ever bargained for,you by your second poll caused them the 2013 election and the sad thing is Mia does not even realize that the further she keep from you the better,but you know what they say about birds and feathers,anyway i like you both as a team because you will certainly cause them another defeat at the polls.


  37. pieceuhderockyeahright November 25, 2015 at 2:46 PM #

    โ€œ@ Artaxerxes: You either have a photographic memory or work for, or have access to the Nation News archives and one or two other newspaper archives. Either which way you use your information to cement your pointโ€ฆ.โ€

    Thank you for your comments, PUDRYR.

    Hahahahahaโ€ฆโ€ฆ.. no, I do not โ€œhave access to the Nation News archives.โ€ History has a way of repeating itself and certain events have similarities to events that occurred previously. This triggers my memory and I conduct the necessary research so as to obtain the relevant information to substantiate my comments.


  38. What kinda of flimsy defense did Mia give at the BCCI.trying to send out the wrong signal at the wrong time at a time when most nerves are rattled following the aftermath of her decision
    By trying to portray herself as a “Boss” a term which is outdated and seldom used in the corporate or political world is almost self indictment and a confirmation of the comments describing her as a despot.
    In what seem from her speech her chance to regain ground Mia again misread the tea leaves and ventured down a path of familiar bajanism with her closing arguments made up of old-fashioned coloquolisms and lingo


  39. @David November 25, 2015 at 8:02 PM #

    Tell us what and how it is possible.


  40. Nigga Man et Aux
    Since wunna ent answering,I giving all yuh de answer.The onliest man to fit the bill is Owen Seymour Arthur,a man who possesses prodigious management skills and inspires confidence a plenty.


  41. @de Ingrunt Word November 25, 2015 at 7:55 PM #

    Baffy&Bush Tea have already decided on a new path,they now need to convince the populace.


  42. Look all wunna Osa ass lickers don’t get carried away by his mouthings. Barbadians are not foolish.
    They are many in this society who remembers Osa vindictiveness. However like war there are those occasions when enemies would join forces to achieve the same objective
    This “make” believe fanatical proposol that Osa comeback would be received with welcoming arms is the sort of propaganda that resonates from an unsound mind.


  43. @DIW
    But the fact still remains that all of our other political leaders have tussled with and displaced/dismissed some of those with whom they were unable to co-exist.
    ++++++++++
    Generally speaking that is true, however that only holds for members that they perceive to be threats to their leadership or influence and Dr. Agard was neither.

    Remember when the DLP was decimated at the polls and left with two sitting members – Thompson and Kellman? The latter tried to lay claim to the title Leader of the Opposition over Thompson and created several distractions in his efforts. Kellman even appeared on a BLP platform with his โ€œcousinโ€ OSA during a bye election and then left to attend a meeting of Commonwealth parliamentarians in Australia . No one in the DLP made an effort to throw him out but Thompson bided his time and when the DLP won Kellman was marginalized and wasnโ€™t made a Minister. Leaders have the power to reward or disappoint and Mottley could have punished Dr. Agard in other ways either by removing her as Health critic or withholding a Ministerial plum if and when the BLP assumed the Govโ€™t.

    Perhaps there were other considerations which was borne out by the photo in the newspaper, Mottley was under no illusion that her hold on power is secure and could have decided it is better to eliminate a possible future vote against her leadership by using this opportunity to remove the weakest link.


  44. SIX BANGLADESHIS are challenging an immigration order that allowed them only a week in Barbados.
    – See more at: http://www.nationnews.com/nationnews/news/74892/immigration-challenged#sthash.0vMxrzOV.dpuf


  45. โ€œLook all wunna FJS ass lickers donโ€™t get carried away by his mouthings (only at branch meetings and annual conferences). Barbadians are not foolish. They are MANY in this society who WILL ALWAYS remember FJSโ€™s vindictiveness.โ€

    Akanni; Toni; Caswell, Mary, and to a lesser extent LeRoy; Hilary from “Mount Olympus”;

    Over 4,000 public sector employees he PROMISED not to send home, but retrenched them a few months after, especially those he told the last time he looked in the dictionary โ€œtemporaryโ€ meant โ€œfor the time being,โ€ especially the Beautify Barbados who are still awaiting severance payments and NCC he referred to a non-existent ERT;

    Those who had to drop out of BCC, SJPP, and UWI after he PROMISED tertiary level education will remain state sponsored;

    The over 20,000 awaiting maternity, sickness and unemployment benefits; those who cannot get their unemployment benefits, but still have to register with NIS in Culloden Farm and then have to trek to Warrens to register with the Employment Bureau;

    Those who are awaiting income tax returns, reverse tax credits and VAT refunds since 2010;

    Those who readily embraced HELP but cannot afford to rent/purchase NHC houses/units;

    The disabled who, after almost 8 years, still have the inconvenience to trek the stairs of the Disabilities Unit, even though Sinckler, Lowe and Blackett said how insensitive the previous BLP administration was to put the Unit in that location in the first place;

    All those who have lost their jobs, businesses, experienced difficulties due to his inept response to the economic crisis;

    All those trying to exist in this over taxed society; etc, etc, etc.

    But most of all, for the irrelevant Chaucer, Shakespeare, Greek philosophy shiite talk he uses to respond to people or situations.

    โ€œHowever, like war there are those occasions when enemies would join forces (Estwick, E11 and FJS) to achieve the same objective.โ€

    โ€œThis โ€œmakeโ€ believe fanatical proposal that FJS comeback would be received with welcoming arms is the sort of propaganda that resonates from an unsound mind.โ€


  46. Owen Arthur implied that he was so disillusioned with Mottley that he sent a note asking Stuart to take her โ€œoff his hands.โ€

    I recalled that, when Stuart placed Arthurโ€™s note in the public domain, he (Arthur) insisted it was just a โ€œjoke.โ€

    The following excerpt, dated February 18, 2013 and entitled โ€œStuart: Arthur not to be trusted,โ€ was taken from the Nationnews.com:

    PRIME MINISTER Freundel Stuart, in a blistering attack on Barbados Labour Party (BLP) Leader Owen Arthur last night, cast him further AS A CONSPIRATOR AGAINST HIS OWN PARTY COLLEAGUES and a man whom Barbadians should not entrust with prime ministership again.

    Stuart addressed hundreds of boisterous party faithful at Hilda Skeene Primary Schoolโ€™s playing field, a last-minute shift of location from Six Roads, St Philip, to avoid a clash with the BLP, which had a mass meeting scheduled for the same location.

    Days after Arthur ADMITTED ON A PLATFORM that his comments to Stuart about taking former Opposition Leader Mia Mottley โ€œoff his handsโ€ WERE ACTUALLY A JOKEโ€ฆโ€ฆโ€ฆโ€ฆ.โ€

    Now, we saw a โ€œhighly agitatedโ€ looking Arthur, on Tuesday, November 24, 2015, during an interview with the press, trying to CONVINCE us that he was SERIOUS then.

    Hmmmmm, under these circumstances, the news paperโ€™s title: โ€œStuart: Arthur not to be trusted,โ€ seems appropriate.

  47. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    De ole man haffa admit dat while in principle I support Agard in her matter against the Tip of The Spear, nearly said Night of the Long Knives, a-la-Mottley, as she tests the waters to remove the other four thorns in her side, I gots to admit dat Agard et al., are sort of slow.

    Contingency Planning.

    It is evident that she and her faction are not of Tzun Tzu lineage!!

    If she or any of her team had been, at 8 whatever o’clock when the Registrar s Office had opened an injunction or APB (it is obvious dat de ole man heah watching Perry Mason) would have been waiting fuh de National Executive Council s scvunt jes so.

    It is known as de element of surprise but, den again, she and her team of sloths, Gollop, under advisement by the chief sloth heself, Fumble van Effing Winkle, (wunna play wunna ent know dat it is fumble dat driving dis ship) moving real fast so de court case papers gine get file when Fumble get back from he Conference? Or pun Fridey?


  48. PUDRYR, you cahn sleep or wuh? Thanatos got you suh frighten dat so much so de sleep leff you eyes? Piece, you cahn outrun he, hear?


  49. PM Stuart had nothing to do with the stink in the Blp.The Pm is yet to make a comment of any type in reference to the recent implosion of the Blp.
    If one wants to take pot shots the Blp supporters should look within themselves and recognized who the fire starters are and those who keep throwing the fuel
    The recent flame thrower if memory serves correct was the longest PM of Barbados OSA who did not mix his words delivering a toxic blow on the blp leadership .
    I therefore implore the blp foot soldiers who are also at war with the Osa a.ss lickers that Pm stuart does not have a dog in this Mia onslaught
    PM stuart was once offered the dubuios job of relieving the blp of Mia and he respectfully said No.

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