Weeping for Hal Gollop QC | DECISION- CV1753 of 2015- M. Agard v M. Mottley and J. Walcott

The Barbados Court handed down the decision in favour of Mottley and Walcott in the matter CV1753 Maria Agard Vs Mottley and Walcott.

Read the full text of the decision:

DECISION- CV1753 of 2015- M. Agard v M. Mottley and J. Walcot

Parties Come and Parties Go; What is the BLP’s Plan?

Submitted by Mrs. Debra Ifill, Independent Voter

The idea of a third, fourth, and fifth party in principle is one that should be welcomed.  It augurs well for any democratic state, that the freedom exists where ordinary people can put themselves forward to contest political elections.

But political leadership is not child’s play it is a serious decision that comes with national responsibility.  It is no surprise that we are seeing a rising number of parties coming forward to contest the upcoming election.  The DLP has demonstrated that it possibly takes little to gain leadership of our nation.  Unfortunately for the past eight years we have been subjected to, “the worst government since adult suffrage”, as stated by Dr. George Belle.  The problematic is that the people must not allow mediocrity to become the standard of our democracy.  What should also be clear in the minds of those who would contest the election, is that it also takes very little to destroy a nation; a point also well demonstrated by the DLP.

As the legitimate Opposition party of Barbados, we want the BLP to outline blatantly the way forward.  Yes, their manifesto-esque document, The Covenant of Hope attempts to do so.  The issue with this document is in its cumbersome nature, especially for the ordinary person.  Appropriate conversations with the people remain necessary, and I see that today, Saturday, 11 February 2016, this was started with the mass canvass in the City, showing an attempt at unity of message.  It is my hope that these will continue.  The strategy cannot be, that after the election is called, the deeper conversations with the people will begin.  The leadership of the BLP must outline for us, their plans; their economic plan, their leadership plan, and their plan for our social elevation.   We have been after all suffering for the past eight years, and although we know the way up will not be easy, we need to know that there are actual plans in the works.

For many there appears to be a void in the political system.  This idea was created by the combination of an inept and failed DLP government; and their morality campaign preying on the reactionary nature of some of our citizens.  This campaign, hypocritical as it might be, since immorality in many forms has played out on the national stage for the past eight years, would have been more damaging, had the DLP actually been a government of some success.  But it did create a void in some peoples’ minds.  Of course those persons are unable to see behind the curtain of confusion that was created.

Nonetheless, opportunistic individuals are attempting to exploit this void, some seeking to look after their own interest groups as is seemingly the case with Solutions Barbados, and those seemingly with personal grouses and axes to grind, as is the case with the UPP.  Of course they believe that they can do no worse than the current administration, and they may be correct in that assumption.  What we as a people need however, is a government that knows that it is better than what currently exists, and that is equipped with the knowledge, and the tools to turn this country around.

Eastmond’s failing to earn a nomination from the people is not the reason that I would resist her as a possible leader of the state.  What would cause me pause instead is the bitterness in the expressions about the leader of the opposition that she and her cohorts espouse on social media almost daily.  I find it distasteful, and irresponsible.  It is as if her cohorts and her, believe that their political failures are the fault of the Opposition leader.  I have yet to hear of any studies done by Ms. Eastmond and friends, seeking the answer as to why she has been unable to gain a simple nomination.   In other words she has yet to take responsibility for her failures.  It is the same with Dr Maria Agard, who played a risky political game and lost.  Lost, and not only victories, must be seen to have been taken with dignity.

As the Opposition Leader stated today, parties come and parties go.  What I am more concerned with at this juncture, is what the incoming leaders of this country, Ms Mottley and her team, plan to do to take the country forward.

MARIA AGARD Vs. Mia Mottley and Jerome Walcott – The Maria Agard Matter Revisited

In the last report, we merely reported the allegations of Agard contained in her affidavit. We did not comment or editorialize. We also warned that we had not had sight or a bare recitation of any defence filed by the defendants Mottley and Walcott, that allegations of Agard were not proved in a court of law and we now reiterate our invitation to the defendants to provide us with a copy of their pleadings and undertake to publish them with the same prominence as those of Agard.

We deny that in publishing on these matters that we are taking a political position or breaching defamation laws or seeking to conduct a “trial by blog”. This is a matter that the traditional press should have reported as a matter of public interest – and has failed in its duty to so report.

We also want to make it clear that we are not taking any political position, B versus D, but merely giving voice to the concerns of many of the voters of the country who have no political affiliation, and no agendas, other than the well-being of Barbados and their rights.

Trimming the whole matter down to its barest essentials and with the 20/20 vision of hindsight, what have we actually gleaned from Agard’s allegations?

It is established that Agard was voted in as candidate for Christ Church West.

It is established that this met with the approval and support of the then leader of the BLP, Owen Arthur.

It is established that Agard went on to garner the majority of the vote of the constituency of Christ Church West and became its MP.

It is completely irrelevant and immaterial to voters whether a faction of the BLP members in Christ Church West approved of Agard or not. What is relevant is that: the majority of the electorate of Christ Church West are not members of the BLP, but simple voters; Agard, in winning the nomination to stand for Christ Church West, was chosen by the majority of the party membership; and in winning her seat, Agard was proved to have gained the approval of the majority of the voters in her constituency. If, therefore, Agard’s allegations are proved correct and there was indeed a faction of the BLP that sought to undermine her, then it must be concluded that this faction denies and actively works against the whole concept of democracy and by extension, denies the rights and wishes of voters in that constituency. And that is all we the voters need to know or to consider. And if that faction for whatever reasons, which are irrelevant and immaterial to us, found that they could not work with Agard, then their option was to either put up, or shut up and leave, but never to gang up and undermine the democratic process and the wishes of the electorate.

If Agard’s allegations of the roles of Mottley and Walcott are proved by a finding of fact, then they will have conspired to deny the constitutional rights of the constituent electorate, as well as having sought to deny and abrogate the constitution of the BLP and to betray the democratic process.

We are well aware, all of us, that the BLP is a dysfunctional party with a lot of infighting between factions supportive of Mottley and those supportive of Arthur. Arthur himself now sits as an independent, alongside Agard. We are also, all of us, aware that some of this infighting is the subject of legal proceedings, as in Payne vs Hinkson.

So while the BLP, the official opposition, tears itself to pieces in the public domain, we, the electorate, are the ones that suffer as our choice between a lacklustre government and an opposition apparently committed to the political party equivalent of civil war/suicide, does not offer the electorate of Barbados the choice to which we are entitled and that we must now demand of our candidates for Parliament.

Political posturing aside, under Owen Arthur there was a unified BLP, but the rot set in as soon as the BLP lost the last election and Owen Arthur, as is custom, resigned leadership of the party. It was up to his successor, Mottley, to step in and heal the divisions. Indeed, any person stepping in had the obligation to heal the breaches. But to do that, there would have been a necessity for give and take and a leader capable of compromise and accommodation within reason. Too long has passed and the fracture is now a gaping chasm, which suggests that Mottley lacks either the willingness or the capacity (or both) to heal the breaches or is herself leading the demolition. We note that Payne vs Hinkson is still outstanding and no successful mediation had been achieved or, as far as we are aware, even taken place, to resolve this peacefully, quietly and to the benefit of the electorate.

We were also treated to the unedifying spectacle of Owen Arthur, our longest-serving PM, being forced to either resign from the BLP or be expelled. A credible successor would have managed the change-over and diffused the explosive situation quietly and to the benefit of both party and country, not got hung up on a campaign of revenge against her predecessor and all who backed him. Egos that have no respect for the voters is what it comes across as.

Regrettably, this leads to the inevitable conclusion that Mottley is not fit for purpose as leader of the BLP and leader of the opposition and what the BLP has to do now, in the interest and expectation and demand of the electorate, is to find a leader who has the capacity and willingness to heal the breaches and bring it whole and unified into opposition and into the next general election. The electorate will expect no less. And there is time and more to do this, before we go to the polls and are asked to choose between a lacklustre government and a fractured party whose members are fully prepared to dump democracy and the self-evident rights and of voters in the trash can in a mindless rush to replace the present government wild boys feeding at the national trough and personal “supporters”, as opposed to supporters of the country and its voters’ rights.

Agard is merely one instance of the dysfunction of the BLP. A major and historic political party should never allow itself to become a battleground between two factions – Mottley versus Arthur (one with no track record to speak of as a leader and the other the longest leader in our history). Because this demonstrates that the focus of the party is not on the well-being of the voters, but on the personal agendas of its leaders and wannabees. And we, the people, suffer for it. For if the BLP cannot solve its internal problems, how can it possibly manage to convince the voters that it can solve the problems of the country.

We therefore urge: the BLP to sort out its leadership so that the party’s fractured limbs can be set and healed and to provide us with a unified and credible opposition and possible unified and credible government where the denial of our democratic rights are not in doubt.

The Caswell Franklyn Column – Why Political Parties Exist

BU shares the Caswell Franklyn Nation newspaper column – he is the General Secretary of Unity Workers Union and BU Contributor.
Caswell Franklyn, Head of Unity Workers Union

Caswell Franklyn, Head of Unity Workers Union

Recent developments in this country have convinced me beyond a shadow of a doubt […] Continue reading

The Jeff Cumberbatch Column–The Agard Affair

BU shares the Jeff Cumberbatch Barbados Advocate column – Senior Lecturer in law at the University of the West Indies since 1983, a Columnist with the Barbados Advocate.
Jeff Cumberbatch - New Chairman of the FTC

Jeff Cumberbatch – New Chairman of the FTC

Musings: The Agard Affair

11/29/2015
By Jeff Cumberbatch

[…]
Continue reading

3 Reasons to go Back to the Polls

Submitted by Heather Cole (The Barbados Lobby)
Heather Cole

Heather Cole

It may be a sign of the times because three major occurrences can be resolved swiftly by the electorate of Barbados. […] Continue reading

Her Way or the Highway

Submitted by Douglas
 Mia Mottley, Opposition Leader

Mia Mottley, Opposition Leader

Press time… nothing like the Opposition Leader smiling in the dailies with people that once thought very little of her. Mottley is now faced with a public relations fiasco going into the next Annual Conference

[…]
Continue reading

Christ Church West Going South

Dr. Jerome Walcott, General Secretary

Dr. Jerome Walcott, General Secretary

There is the popular cliché – you should never let a good crisis go to waste. When leader of the Opposition Mia Mottley was forced to withdraw from running for the Chairmanship of the Barbados Labour Party (BLP) in 2011,

[…]
Continue reading

ONE WAY…MIA’S WAY

Submitted by Douglas
Economist Ryan Straughn

Economist Ryan Straughn

Ms. Mottley does not have to be me, he added. But she has to make herself likeable, she has to be respected because people want to know that their leaders are full of integrity … and she has to consider the use of power;

[…]
Continue reading

Mia…Just Not Ready

Submitted by Douglas
Leader of the BLP Mia Mottley (l) Former Leader of the BLP Owen Arthur (r)

Leader of the BLP Mia Mottley (l) Former Leader of the BLP Owen Arthur (r)

“The challenge is, as represented in the Peter Wickham poll, that Ms Mottley . . . faces a problem of being accepted by the society at large and faces a problem of being accepted by a cross-section of the BLP,” Arthur told the media at his UWI, Cave Hill office.

“The BLP has a challenge and we have a situation where there’s not a contest […] Continue reading