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Maria Agard Denied the Right to Natural Justice

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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 […]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. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    @ In and Out

    Oh, thank you for the compliments. You do not know how hard it is for me to remain civil. The SSS can be a lot of things to a lot of people and foul mouth and bitchy are definitely some of them ;). I do not hide or pretend who I am, I just remain here anonymous for valid reasons. Hmm In and Out, you know how stimulating those three words make me feel hmmm could easily get wet and wanting. How is it that you think I have a bad attitude? I am sure you know that in this world the existence of good is not too far in front of evil. And where the ass you get it that I am know all? Did I give you that impression sweetie? You stupid bajans always jump on that bandwagon every time someone has to assert themselves. Right now I can say you are a know all but what the shite for, you are just here to bring it on with the SSS. And please, please pretty please do not come on here with your condescending shite about me abusing whoever I like. I abuse who I choose, particularly the pretensive hypocrites all of whom know who they are. You can call me a selective abuser. Understand me, if you are serving your pocket and I have proof, I will abuse your ass! As for my descriptions of Mottley, you are yet to know the behind scenes of this very nasty pretensive bitch. I have enough proof on this deceitful bitch just as much as I have proof about the low life former Prime Minister. I know about stinking perverted Lynch just as much as I know about trojan gift bearer and taker Cynthy. Now Santia Bradshaw is new but I know about her as well. Would really like to rub nookcies with her ewwwwww. Such a horny sexy thing. Do you take offense to my talking like this openly? Come on, you think me being this way makes me any worse than what these politicians do. Show me the big sin in my behaviour and the little sin in theres. I know about the crookery of George Payne, in fact, I know about all of the nastiness of the BLP. You want me to shite hole be decent? Then tell these nasty crooked pretensive bitches to be decent and serve the people not themselves. When you get that done come back and tell me all about me again. In the mean time go crawl back under the rock from whence you came. SSS over and out.

  2. Hants Avatar
    Hants

    “He said Agard was terrorised, adding that a serious attempt should have been made to have the dispute between her and the branch executive resolved as opposed to fanning the flames and giving aid and comfort to those who were creating the problems for her.”

    http://www.nationnews.com/nationnews/news/75085/compassion-cries-griffith#sthash.y3cHtOFG.dpuf

  3. David Avatar
    David

    Sutherland was appointed shadow minister of health.

  4. Hants Avatar
    Hants

    “Dr Maria, in my opinion, did no grave offence that demanded such drastic punishment. So, in my opinion, the punishment did not fit the offence,” he said, adding that young members like himself were deeply concerned.

    http://www.nationnews.com/nationnews/news/75084/agard-issue-divides-blp-youth-leaders#sthash.qKJTIbYi.dpuf

  5. Hants Avatar
    Hants

    Mia will have to show true leadership.

  6. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    Hants people really do not know the type of cloth Mia is cut from and it certainly ain’t satin. Mia is an orchestrator of manipulation. A very mean ass spirit with years and years of practice. All you people will see. But I will continue to say give me her before Stuart. She cannot do no worse or could she.

  7. balance Avatar
    balance

    …”so tell us again why you are suggesting that Maria should leave the BLP…?”

    because from all of what I have been reading it is clear that she is having difficulty working with her organization and her organization is having difficulty working with her and there appears to be no room for compromise since the difficulties have been simmering for a long time and up to now fences have not been mended. She sought membership of an organization. the organization did not seek membership of her. It is practicality. If I am not wanted in someplace; I would leave. Leaving is not a crime or an embarrassment. People leave groups, churches, teams and join others if they are not satisfied.

  8. Bush Tea Avatar
    Bush Tea

    @ balance
    Stop talking shiite nuh man!

    The ONLY way to get CHANGE in an organisation is for there to be conflict between what is STANDARD …and what is new and DISRUPTIVE.
    Everyone can see the need for change in our political systems …..and you here trying to justify maintaining the status quo…..?

    Why do you think a famous Bushman said “I come NOT to bring peace, but a SWORD….”?

    You had better check your centre of gravity yuh….

  9. David Avatar
    David

    @Bush Tea

    It appears some of us are not prepared to give individuals the support if he or she holds a minority view.

    Sad.

    Here is a BLP foot Soldier who is anti Agard BUT is worried about what Arthur is saying http://www.nationnews.com/nationnews/letters_to_editor/75075/owen-help-maria:

  10. Sargeant Avatar
    Sargeant

    @David

    The “foot soldier” is spinning like a top on steroids, he describes Mia as “shrewd” when her actions in this matter are akin to the proverbial bull in a China shop. What National Council what? One can’t even say she was working behind the scenes to manipulate the outcome when she was upfront and personal at the “show trial”.

    The whole exercise strikes me as not as a method of enforcing discipline but to humiliate an individual and show “who is boss”.

    Mia deserves all the negative fallout from this matter.

  11. millertheanunnaki Avatar
    millertheanunnaki

    @ Sargeant December 1, 2015 at 11:33 AM
    “The whole exercise strikes me as not as a method of enforcing discipline but to humiliate an individual and show “who is boss”.
    Mia deserves all the negative fallout from this matter.”

    And don’t you think Mia also deserves to have more salt rubbed into her already infected wound? Don’t you think this greater infliction of political pain can be achieved if Maria Agard holds her much promised and eagerly awaited Press conference in which she can bare all to a sympathetic nation as a further strategic move to oust the despot?

  12. Raw Bake Avatar
    Raw Bake

    Ask and It shall be granted.

  13. Raw Bake Avatar
    Raw Bake

    Transparency.
    Announce Dwight as Shadow Minister Of Health. Cannot get more transparent than that.

  14. Hants Avatar
    Hants

    @ Raw Bake,

    Maria can go to parliament and declare herself Independent “Shadow minister of health”.

  15. Sargeant Avatar
    Sargeant

    @Miller

    Can’t determine what Agard will do she has her legal advisors, if and when she does hold a news conference I will lend my voice to any subsequent discussion.

    “Despot” interesting word to use by the former PM in a local Party dispute, I remember a previous blog about allegations of phone tapping, could it be linked to that?

  16. Raw Bake Avatar
    Raw Bake

    She can now shadow any Ministry that is not receiving the scrutiny it deserves.

  17. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    These jackasses that defend Mia Mottley really do not know this woman. If she was not so driven by wickedness she would be a good leader and Prime Minister. But this bitch’s dark side is very manipulative. Mia knows good what I talking about. Do not get tie up with this woman. This woman is a boss manipulator. But as much as I hate the bitch and the BLP, I despise the DLP more. I will still vote for the evil conniving bitch. And anyone who does not like the SSS language can show me the halo of saint hood and decency on their heads. Because until these bitches come clean and show Barbados the cleansing, they are no different than the words I use to describe them. They are all wicked nasty rotten thieving bitches.

  18. ac Avatar
    ac

    @balance do you understand the meaning of a substance !entity or a person individually or collectively losing it soul.
    In other words OSA said that the Blp was rotten to the core with no hope of redemption.
    Question have u ever tasted a rotten apple what is your first response after the first bite?
    The former or past PM never made or said such accusations against there Party close to or in reference
    Rotten to the core an allegation which was powerful and strong enough for OSA to make the correct judgement call

  19. balance Avatar
    balance

    Prepare yourself for more shite Bushie.
    When we choose to join a reputable organization; we choose to live under a contract, and to abide by the rules that the contract dictates for us. For example, our constitution itself is a contract under which we are endowed with certain rights provided we follow the rules and keep our promises not to step outside the boundaries of what the constitution determines to be right. Fairness is not the only or even the most important consideration in law; because the law is not always fair. I have heard Mr Gollop say with my own ears that he could take a point and argue a position for it and take the same point and argue another position. So Constitutions, whether they govern country or Bushie’s brigade would never be fair but sometimes these unfairnesses perceived or real are necessary for the proper functioning of the organization. Dr Agard should have left the organization with which she could not work and she has all the more reason now that she has been unfaired. Her cries of wolf wolf would be seen for what they are when those who sincerely empathise with her cause recognize that she has allowed herself and cause to be used by the Barabbas like anti -Mottley gang of political intrigue and machination.

  20. ac Avatar
    ac

    Balance . u might be right but all/s fair in love and war

  21. balance Avatar
    balance

    “Rotten to the core an allegation which was powerful and strong enough for OSA to make the correct judgement call”

    Prime Minister Stuart said worst things of David Thompson. You want me to post them; and the eager 11 were actually plotting to remove Mr Stuart. Wise man that he is; no heads rolled as he threatened and so he is Prime Minister still of the same parliamentary group that sought to remove him. Despotism in my book is when a leader runs a candidate who is not a member of the party against the wishes of the party.

  22. Bush Tea Avatar
    Bush Tea

    LOL @ balance
    Boss….
    This ain’t sound like you….!!
    Where is the dispassionate balance? ….the faultless, unemotional logic?
    the basic common sense?
    Your centre of gravity seems to have been seriously shifted by this issue yuh…

    OK … you made reference to the ‘constitution’.
    Do you know why there are AMENDMENTS to constitutions?
    …because SOMEONE comes along and challenges that VERY BASIC of ground rules.
    …and indeed, there can be multiple ‘amendments’ made – even to highly praised constitutions such as that of the USA. Ultimately, the general consensus is that the eventual amended version is an IMPROVEMENT.

    It is called CHANGE balance… C H A N G E.!!
    Change is bigger than Mottley, Owen, Maria or even you – so your persistence that agents of change should “go away” and leave things be …. is FLAWED. short-sighted and counter-intuitive.

    You are a bright fellow balance, so you MUST see Bushie’s point…. so why not tell Mottley to “F -off” …and stop being a propagandist for a lost cause… and try to restore your centre of gravity …and your proper balance…. 🙂

  23. millertheanunnaki Avatar
    millertheanunnaki

    @ Bush Tea December 1, 2015 at 5:59 PM
    “It is called CHANGE balance… C H A N G E.!!
    Change is bigger than Mottley, Owen, Maria or even you – so your persistence that agents of change should “go away” and leave things be …. is FLAWED. short-sighted and counter-intuitive.”

    And CHANGE, Dear Bushie, always demands its pound of flesh. Who will be the sacrificial lamb or pawn in this political power game?
    Who will be removed from the scene of the battle in a deadly state of non compos mentis? Or will all three end up as casualties for the sake of CHANGE?
    Could it start with the hospitalization of the spent force fighting his own shadow of his former self?

  24. Bush Tea Avatar
    Bush Tea

    @ Miller
    …if we are REAL lucky ….it may even start with as many of the political poppets as possible, mutually eliminating one another from polluting the damn landscape….

    But you may not see it that way…. LOL

  25. ac Avatar
    ac

    @ balance the only difference the posting in reference to the contentious behaviour between PM Stuart and DT would show is that as rabid and cantankerous the two were ////they were able to settle their difference maybe even forgiving and forgetting and not allowing bitterness or hatred to consumed their inner beings
    The handing over of the official role of PM to Stuart was a classic style of good manners good faith and forgiveness and episode qhich would be written in the books of history,
    ,

  26. are-we-there-yet Avatar
    are-we-there-yet

    ac;

    Or handing over to the only one without the backbone to make changes or upset an apple cart

  27. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    Or handing ovah to de only one who, while he tek 20 years to complete administration letters fuh de estate uh Antionette Thompson, was did know whey to put a decimal point and, once he feel powah, din immediately run wid an Eager 11 tuh overthrow Primus inter Pares…

  28. Gabriel Avatar
    Gabriel

    Bushie
    Change……the only constant.

  29. ac Avatar
    ac

    There you blp yardfowls go again sticking wunna peckers in sh,it talk.
    DT perform an act of forgiveness to the highest degree and nothing wunna can change about that
    PM stuart is now barbados PM minister because of DT while ova dey in the BLP house the former PM of Barbados OSA has not stop his relentless and vindictive attacks on Mia Mottley he ousted and then choose on a second time to become the BLP leader

  30. Willie's Avatar
    Willie’s

    ac
    If I did OSA I would becareful with that one MAM. Cause she ain’t pelt nuffin back at he don’t mean she ain’t got nuffin hear?

  31. Vincent Haynes Avatar
    Vincent Haynes

    At the news conference she said she is going to court carried on the VOB 12.30 news.

  32. Gabriel Avatar
    Gabriel

    Willie
    Get with it man.MAM pelt a tsunami at the Party in February 2013 when she get that pro Peter Wickum to publish a poll two days after the one that was published in the Sunday Sun portrayed a win for the Dems.By publishing the result of a hastily contrived and loaded poll,the false premise that the BLP will win had the effect of galvanising the Dems to come out in full force on election day.That poll guaranteed a defeat for the Bees and the story is that MAM was the instigator.

  33. Willie's Avatar
    Willie’s

    Gabriel
    That might just be so, I don’t know but I know this……………OSA lost two elections in the last 15 years and only won one. That my friend make him a LOSER of recent vintage. Now tell this how does a man rejected by the good people of Barbados get to determine or have even an authoritative right to decide whether Mia Mottley is suitable to lead Barbados? That is not his choice, that is the choice of the people and he bring nothing special to the issue of her suitability other than to demonstrate the opinion of a LOSER.

  34. Hants Avatar
    Hants

    “She said she would consult with the members of her constituency before making a

    decision on whether to cross over to the Democratic Labour Party.”

    http://www.nationnews.com/nationnews/news/75133/agard-contest-expulsion#sthash.sODNR3iY.dpuf

    PLEASE DO NOT CROSS OVER MARIA.

  35. millertheanunnaki Avatar
    millertheanunnaki

    @ Gabriel December 2, 2015 at 12:49 PM
    “That poll guaranteed a defeat for the Bees and the story is that MAM was the instigator.”

    How can a poll ‘guarantee’ a defeat for a political party?

    So what guaranteed the defeat of the DLP from 1994 to 2003?

    Did a poll cause the BLP to lose in 2008?

    Please Gabriel give the electorate a bit more sense than that.
    They just didn’t want back OSA in 2013, pure and simple. And that is why he refused to lead the part after February 2013. Not some stupid poll by a political conjuror interviewing a few people around the place with loaded questions.

    If polls make such a big difference to how people vote why don’t the Dems take a leaf out of MIA/Wickham book of tricks and commission their own pool that shows the DLP would win by a landslide in elections are called in 2016?

  36. Vincent Haynes Avatar
    Vincent Haynes

    Questions

    Can anyone say if a Court can force a non registered entity under the laws of Bim to take back some one they have expelled?

    Can a Court force a registered Lodge to take back a member who has been expelled?

  37. millertheanunnaki Avatar
    millertheanunnaki

    @Gabriel December 2, 2015 at 12:49 PM

    This poll bogeyman will not cut it as the reason for the BLP under OSA losing the 2013 elections.

    How about the premature announcement by the same OSA about his Privatization” plans which the DLP used to ‘convince many public sectors workers that thousands of them will be fired as a result of privatization?

    What about the imaginatively attractive propaganda campaign involving ads portraying little poor old ladies (pensioners) being deprived of the free bus passes should the BLP be returned to power?

    What about the ads showing OSA as a paro economist selling out Barbados to “foreigners” (as the DLP claimed) resulted in the deprivation of ordinary Bajans from being able to own a piece of the rock, yeah right?

  38. ac Avatar
    ac

    @miller ..All of the above

  39. Willie's Avatar
    Willie’s

    When will the BLP announce the fact that an Adams is returning to local politics in Barbados? Is this Adams going to be nominated in Ch Ch West, St.Andrew or St.Joseph.

  40. ac Avatar
    ac

    And one would think that after the fake poll Mia would have distant herself from Peter .peter integrity is in the toilet he is being mislead by the repeat talk in radio callers that his words have weight/ merit when in fact most bajans have a low regard for him.

  41. de Ingrnt Word Avatar
    de Ingrnt Word

    @Vincent, is that the real and fundamental question? Using Jeff Cumberbath’s legal commentary as a guide I would suggest, no. The court can and should rule on the LAW as it relates to fair play and the rights of Dr. Agard being trampled or being justly considered. That natural justice ting!

    That ruling has NOTHING to do with the BLP’s ability to dismiss Dr. Agard. The court is being asked (as understand it) on whether the dismissal followed basic rules of justice.

    This foray to the courts is to allow Dr. Agard to show (if successful) that Ms. Mottley is a bully who has no true passion for law, order and freedom of expression. It provides excellent political advertising materials, or as the Americans call it, oppo-material during the election campaign.

    What do you think that wasteful Benghazi/Clinton hearing was about…other than political ad got-cha materials. That one backfired on the Republicans though. We’ll have to see about this court tussle.

    Court case or no court case, Dr, Agard’s time as an active, card carrying member is over -as long as MAM is in charge. The doc and her advisors know that well.

    @Miller, I would agree that any politician or political team worth more than a can of cornbeef knows the impact of polls and should therefore never allow an unfavorable narrative to affect their campaign adversely.

    Thus the number of dueling polls during elections.

    But we all know that polls can sway opinions and can definitely impact the electorate’s voting behaviour…not necessarily about how to vote but definitely on whether it is necessary/worthwhile to vote.

    All politicians fear polls!

  42. Willie's Avatar
    Willie’s

    I mean, has anyone in the whole of Barbados ever listened to Dr. Agard either in Parliament on a political platform? She is positive boring and her substance, what little of it you can find is immature. She is what you call a political ingrate. Now low and behold she wants to go to court to have the court impose her on a membership organisation which wants her not.

  43. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    I was unable to comment here on BU all day cause I did cleaning up de house. De Madam coming home tomorrow

    Well AC you owe de ole man some money fuh predicting in me crystal ball dat Dr. Agard going to court bout dis matter.

    The reason it tek so long is causing her legal challengers are slow and the were waiting till Fumbles came back to sort out the judicial arrangements regarding the judge who WILL preside over her matter.

    As de ole man dun tell wunna, Dr Agard is going to win and will be reinstated.

    Immediately upon her leaving the court charges will be laid against her which she will not be able to overcome.

    Now de ole man would give some advice to the clowns in de BLP about how to deal with the imminent legal success but dat wud help de BLP

    Similarly de old man could give some advice to the DLP but dem is wusser dan de BLP and dese chess moves wud be lost on them both.

    Mia, this has made you loose the battle and, depending on what you do next, or what the dufuses do, which in de ole man ent telling dem, you stand to loose the war.

  44. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    @BU,

    DIW is right, the court challenge is as to the legality of the proceedings two Sundays ago. If the court finds that they were not conducted in accordance with the principles of natural justice, then they will be ruled a nullity and the status quo ante will remain. That is, Dr Agard would not have been lawfully expelled from the BLP and thus will remain a member until, if and when on, a properly conducted hearing of the charges, the National Council decides to expel her again. As I wrote on Sunday,

    …any successful court action by Dr Agard will result in a quashing of last Sunday’s decision and a restoration of the status quo rather than the judicial determination of the charges against her. This might allow for a further attempt at rapprochement between the parties to the dispute, but could equally result in a re-laying of the charges;

  45. Artaxerxes Avatar
    Artaxerxes

    “@ balance the only difference the posting in reference to the contentious behaviour between PM Stuart and DT would show is that as rabid and cantankerous the two were ////they were able to settle their difference maybe even forgiving and forgetting and not allowing bitterness or hatred to consumed their inner beings….”

    Hahahaha… wuh loss… I did had was to laugh when I read the above shiite…….. shiite that is “consistently synonymous” with the consortium.

    As the resident yard donkey the DLP assigned to infiltrate BU to spew DLP propaganda, perhaps you can tell us if Thompson and Mascoll “were able to settle their difference maybe even forgiving and forgetting and not allowing bitterness or hatred to consumed their inner beings,” especially after Thompson, Jones, Sealy and Michael Lashley ousted Mascoll as Opposition Leader?

    The “bitterness” and “hatred” Thompson had for Mascoll manifested itself in the constant attacks on Mascoll’s character, even the call for a forensic audit into the operations of Hardwood Housing Inc. Ironically, another forensic audit revealed many things about Thompson’s character.

    Were Denis Kellman and Thompson “able to settle their difference maybe even forgiving and forgetting and not allowing bitterness or hatred to consume their inner beings?”

    Apparently, it seems as though Stuart has NOT forgotten the “eager 11” nor has he forgiven Ronald Jones for his participation in the group’s “attempted coup d’état.”

    If Stuart and Jones “were able to settle their differences,” surely Stuart would have continued, as was the norm, to appoint Jones as Acting Prime Minister, rather than Richard Sealy. Perhaps Stuart is “allowing bitterness or hatred to consumed (his) inner being.”

  46. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    Artaxerxes

    You need to be kind to Legion and not be “consumeded ” by these unkind words.

    It is now 4.36 pm and she has not been given instructions as to what to say about this issue so allow another 1/2 hour and she will be here to respond.

  47. Vincent Haynes Avatar
    Vincent Haynes

    @de Ingrnt Word December 2, 2015 at 2:07 PM #

    I subscribe to your thinking and wonder how long it will take for the case to start in court.
    As Jeff on Sunday said the Party can dismiss her in another way.

  48. Hants Avatar
    Hants

    @ Artaxerxes,

    Sealy was likely chosen because he is are more articulate than we is jonesing.

    eff yuh doan believe me axe Pieceuhderockyeahrock.

  49. Bajanfuhlife Avatar
    Bajanfuhlife

    The BLP apologists on BU trying to defend the worst opposition leader this country has seen in recent memory – a woman handed the largest opposition in history and with a political pundit push pollster campaigning for openly on radio every week and in the paper she is fastly turning loyal BLP members into independents while she continues her constant arrogant, self indulgent and megliomaniac ways.

    Only a joker would consider that this current opposition is worthy of a vote in the next election.

  50. Bajanfuhlife Avatar
    Bajanfuhlife

    When Maria Agard thinks of Mottley the despot, she should send her this song which Gypsy wrote for Kamla in Trinidad – Mottley Neemakaram!

    https://youtu.be/osprsxzA6Gk

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