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Members of the Opposition Antigua Labour Party (ALP) have had a spate of dismissals by the Court of Appeal and the High Court in cases they have filed.

Prime Minister Baldwin Spencer made the revelation in a televised speech to the nation last evening, noting that this is the impetus for members of the ALP to regain power in order to elude the law and deflect residents’ minds from the true issues at hand.

“The actions of the ALP and its leadership have nothing to do with the interest of Antigua & Barbuda and its people,” he said. “They are desperate to get back the reins of government to again plunder the national treasury like they did before.

“They want to get back in to save themselves from prosecution, which the state has started against them, and which they are using legal gymnastics to avoid,” the PM declared.

To give teeth to his conclusion, Spencer first made reference to the case involving the transfer of three acres of land in Nelson’s Dockyard by the former ALP government to its now Chairman Gaston Browne.

According to PM Spencer, the High Court ruled that the transfer was null and void and ordered that Browne return the land certificate to the Registrar of Lands. Browne has since appealed the decision, the PM said, but “his application for a stay was refused by the Court of Appeal.”

Additionally, he said, the High Court has also thrown out MP for St Peter Asot Michael’s claims that the search of his premises by police – regarding his alleged involvement in the IHI fraud – was illegal.

He then reminded the public that the “preliminary directions and a trial date are being awaited” for the ALP Leader Lester Bird, Michael and “others” with regards to the Lindquist Report, which implicates them in engaging in fraudulent transactions.

Spencer also announced that the preliminary directions and a trial date are also pending for the case involving the purchase of “beach Crown lands at a gross undervalue to a company owned by Lester Bird, Robin Yearwood, and Hugh Marshall.”

Turning his focus to the High Court matter involving MP for St John’s City South Steadroy “Cutie” Benjamin, in relation to fraudulent applications for passports, in which he certified knowing the applicants personally, Spencer noted that the court ruled that the police commissioner had legal authority to “institute summary criminal proceedings against the MP.”

He said the appeal has not yet been heard, but pointed out that “both the applicant and the woman who facilitated the use of her dead son’s birth certificate were found guilty by the court.”

Acknowledging that justice may be delayed, the PM assured the populace that it will not be denied.

“The process is slow, but I believe it is sure, and the leaders of the Labour Party will be brought to justice for the corruption and criminal abuse that marked their reign as the government for 28 years,” he said. “In all the confusion they are now creating, their real concern is not the interest of the people of Antigua & Barbuda.

“They know what is hanging over their heads. They want to stop every effort that the UPP government is making to ensure that justice is done. They are trying to save their skins by seeking fair or foul means to get back in power and cover their tracks. That is what they are about and they must not be allowed to succeed. As sure as night follows day, no matter how long it takes, justice will be done,” the prime minister added.

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Prime Minister Baldwin Spencer on Sunday accused members of the opposition Antigua Labour Party (ALP) pressing for fresh elections in a desperate bid to skirt prosecution for crimes they allegedly committed while in office.

Spencer singled out Opposition Leader Lester Bird and five former government ministers over whose heads legal action hangs for alleged wrong doing.

The ALP has been clamouring for the Spencer-led United Progressive Party (UPP) administration to demit office following a recent court ruling that deemed the election of the Prime Minister and two government legislators to be invalid.

Last Thursday, the opposition party drew thousands of its supporters onto the streets of St John’s for a “black march” to “mourn the death of the economy”. Although the march was planned before the March 31 judgement handed down by Justice Louise Blenman, the ALP used the occasion to brand the government as illegitimate and press for fresh elections.

But Spencer, in a televised address to the nation on Sunday evening, dismissed the opposition’s actions as “power hungry”, especially since the government has been granted a stay on the ruling and is appealing the matter.

“These people are not only hungry, but they are drunk on the whole question of power, and would seek to take power in Antigua and Barbuda by any means necessary,” he said.

During his 20-minute address, the Prime Minister accused Bird and other members of the opposition party misleading supporters for selfish reasons.

“The actions of the ALP and its leadership have nothing to do with the interest of Antigua and Barbuda and its people.

“They are desperate to get back the reigns of government to again plunder the national treasury like they did before. They want to get back in to save themselves from prosecution, which the State has started against them, and which they are using legal gymnastics to avoid,” Spencer added.

The Prime Minister outlined legal proceedings taken against ALP Chairman and Deputy Leader Gaston Browne, in which the court ruled that the transaction of three acres of land to Browne during his time as a minister was null and void and that the deed be returned to the government. That matter is the subject of an appeal.

Additionally, he noted that the court dismissed a claim by Asot Michael, an ALP parliamentarian, that a police search of his property was illegal. The search stemmed from Michael’s alleged involvement in the fraudulent transfer of tax funds was illegal. Spencer said documents seized during the operation were used in a civil action and a Commission of Inquiry.

Spencer said further that a trial date was being awaited for the case in which Bird, Michael and others are accused of conducting fraudulent transactions prior to the ALP being voted out of office in 2004.

He said a trial date was also to be determined in a matter involving Bird and two former ministers -- Robin Yearwood and Hugh Marshall -- over the purchase of beachfront Crown lands.

The other court-related matter raised by the Prime Minister involved Stedroy “Cutie” Benjamin in relation to fraudulent passport applications that were certified by the ALP parliamentarian. Two other persons involved have been found guilty by the court, but Benjamin has appealed the ruling that the Police Commissioner had full legal authority to institute criminal proceedings.

“We believe that justice might be delayed but justice will not be denied. The process is slow but I believe it is sure, and the leaders of the Labour Party will be brought to justice for the corruption and criminal abuse that marked their reign as the government for 28 years,” Spencer told his television audience.

“In all the confusion they are now creating, their real concern is not the interest of the people of Antigua and Barbuda. They know what is hanging over their heads. They want to stop every effort that the UPP government is making to ensure that justice is done. They are trying to save their skins by seeking fair or foul means to get back in power and cover their tracks.

“That is what they are about and they must not be allowed to succeed. As sure as night follows day, no matter how long it takes, justice will be done,” the Prime Minister assured.

Spencer also said his government has appealed the High Court decision in keeping with the provisions of the country’s constitution.

“In accordance with the Constitution of Antigua and Barbuda, the UPP continues to duly form the government and I continue to preside as your Prime Minister. No amount of political posturing and uncivilised behaviour by a rowdy minority can change that fact …

“By taking to the streets and inciting violence and disorder in their utterances, the ALP is openly and without shame, defying the established legal system and is making a mockery of the Constitution they helped to craft and swore to obey,” he added.

Meantime, the Prime Minister said the government would move swiftly to address deficiencies in the electoral system that were highlighted in the judge’s ruling. Justice Blenman pointed to a number of polling day irregularities at the 2009 general election, including the late start of voting in the affected constituencies and the use of a photo list.

“Cabinet will be giving serious consideration to measures required to improve the system, including the possibility of a complete system of voter re-registration. The human resource and financing needs of the system must also be addressed as a matter of urgency,” he said.

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Prime Minister Baldwin Spencer, in his first address to the nation since his traditional New Year’s Day message, was contrite as he acknowledged that the ruling party has drifted from its positive habits of the past.

Facing the possibilities of a general or by-election sooner than expected, PM Spencer told the nation on Sunday that he is ready to talk again. He noted the urgency was prompted by the events of the past few weeks.

“I have always seen it as my duty from time to time to update you on matters of national importance," he said. "The events of the past few weeks and days have made it more urgent that as a nation, we engage each other more frequently in honest, open conversation about the things that affect us from day to day."

PM Spencer did not say whether this effort to reinvigorate the communication process is in preparation for a return to the polls. But he did make it clear that the calling of any election would hinge on cleaning up processes at the Electoral Commission, which is charged with managing the conduct of general elections.

In her judgement, that made the results of three constituencies invalid, Justice Louise Blenman was condemnatory of the commission, especially as it related to the use of a photo list of electors.

“It is also inexcusable, if not a sign of incompetence, for the electoral officers to seek to print the registers to be used in the election the day before the scheduled elections," the judge noted.

"Such a decision leaves them with no room to correct any mishap or error in a timely manner."

Prime Minister used his address to inform the nation that there will not be any elections until certain things happen, including a complete voter re-registration. He was however quick to note that it would be an arduous task.

He called Justice Blenman’s comments in relation to the performance of the Commission "instructive".

“Cabinet will be giving serious consideration to measures required to improve the system, including the possibility of a complete system of voter re-registration," the PM noted. "The human resource and financing needs of the system must also be addressed as a matter of urgency."

He was however, quick to add that his party was nonetheless prepared to take on the Antigua Labour Party.

“Let me make it clear that the United Progressive Party is ready, willing, and able to take on the Antigua Labour Party – and we believe very strongly and victoriously – at the polls if and when the time comes,” Prime Minister Spencer noted.

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Last night the WEEKEND NATION asked constitutional lawyer Ezra Alleyne to explain what happened in Antigua and Barbuda yesterday and its possible consequences.

"THE CONSTITUTION of Antigua and Barbuda says that the Prime Minister shall [also] vacate his office 'where for any reason other than a dissolution he ceases to be a member of the House' and the decision of the court meant that the Prime Minister was no longer a parliamentarian!

"So that the immediate impact of the decision was to plunge the island into something of a constitutional crisis, since there would have been no prime minister, had the decision not [been] challenged.

"The Governor General would have had the duty to appoint a new Prime Minister who would then have had to appoint his own Cabinet, since the Constitution also provides that . . . .

"A minister other than the Prime Minister shall vacate his office when (a) any person is appointed or reappointed as Prime Minister.

"Fortunately, the lodging of the appeal together with the order for a stay of execution, now defuses the crisis and restores the position to what it was before the court's decision, but we have to await the eventual outcome of the hearing of the appeal and any further appeal!

"Meanwhile, the current government remains in control unless political horse trading, or a general election robs the governing administration of its majority before the appeal is heard."

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Officials of the United Progressive Party are questioning the vision of the opposition Antigua Labour Party (ALP), as two ALP manifestos have allegedly been discovered.
The news was exposed during a press conference held at the United Progressive Party command center, where copies of the two ALP manifestos were made public.

Chairman of the United Progressive Party, Leon “Chaku" Symister, presented the documents.

It was alleged that the first version of the ALP manifesto, "Providing Safety and Prosperity," had to be recalled, but the opposition party has denied these accusations.

The party chairman said with the documents coming to the surface, it is evidence that the ALP is not ready to govern and handle the country’s affairs.

According to Symister, ALP members toiled effortlessly to redevelop their manifesto to meet the election date deadline.

However, St Phillips North Constituency Maureen Hyman-Payne said she was astonished about the findings.

“When I saw the pictures, I was wondering what is going on," she said.
"I never saw another copy of a manifesto but the one I was presented with, dubbed as Providing Safety and Prosperity, with the three faces on the front page."

Efforts to contact the ALP political hierarchy proved futile.

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The government of Antigua has begun criminal inquiries into large payments discovered in Isle of Man bank accounts controlled by Antiguan politicians.

Disclosure of these Caribbean corruption inquiries comes at an unwelcome time for the Isle of Man, described by the chancellor, Alastair Darling, as "a tax haven sitting in the Irish Sea". The island is under review by the UK government, which subsidises its low-tax regime.

According to documents seen by the Guardian, HSBC bank, in the Isle of Man, accepted $3.2m (£2.3m) on behalf of Asot Michael, once chief of staff to the former Antigua prime minister Lester Bird.

The Bank of Bermuda refused to handle a similar account and filed a "suspicious activity report" before the further account was opened on the Isle of Man, according to investigators' reports

Another $1.4m in total was paid into HSBC Manx accounts belonging to a former Antiguan high commissioner in London, Sir Ronald Sanders.

The cash under investigation came via an Israeli businessman, Bruce Rappaport, who is alleged to have diverted Antiguan funds into his own pocket while making payments to local politicians.

The Manx role in the Caribbean island's affairs is laid out in a report following a prolonged investigation by a Canadian forensic accountant, Robert Lindquist. He was called in by the new Antiguan prime minister, Spencer Baldwin, in 2004 to investigate "questionable payments" by Bird's regime, ousted in a general election.

A civil lawsuit against Bird and his chief of staff accused them of corruption. A new general election is due tomorrow. Coincidentally or not, the Baldwin government announced that police had now been called in, and that Rappaport had agreed to hand back $12m in settlement of the civil lawsuit against him. There had been a "gigantic conspiracy" to rob local taxpayers, the Antiguan attorney general said last month. He said Antigua had been making inflated payments of $400,000 a month, supposedly to pay off a debt to a firm which built a desalination plant on the island. But paperwork unearthed revealed that only $200,000 a month was actually due. The extra cash was routed through a company controlled by Rappaport, and money was passed on to a Panama offshore entity called Bellwood.

Sanders, the former high commissioner, denied getting kickbacks. "I don't know what kickbacks there could be," he said. "I worked for Rappaport for a long time, and he paid me." His lawyers said: "He firmly denies that there has been any impropriety on his part in this matter."

Bird said that he had committed no crime and was the victim of a "witchhunt". Michael, his former chief of staff, has also denied wrongdoing, saying: "It is a red herring across the campaign trail."

HSBC said yesterday that it would publicly neither confirm nor deny information about individual Manx accounts.

"HSBC has robust anti-money laundering policies and clearly defined policies and procedures concerning politically exposed persons," it said. "Where HSBC identifies any concerns it reports as required to the relevant authorities."

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ALP candidate for St John’s Rural South Eustace Lake has once again come under scrutiny in regard to financial debt while he lived in the US.

The Concerned Citizens of Antigua and Barbuda grouping has been circulating certified copies of a document from the Rochester City Court, which indicates that Lake has an outstanding judgment from his alma mater, St John Fisher University, in Rochester NY, in the amount of $9058.55.

The judgment dates back to 1991, when Lake failed to pay his tuition of $6422.12.

This new information followed earlier accusations about Lake’s financial history while living in the United States for over 20 years.

Lake left Antigua in 1988 to pursue studies in Economics at St John Fisher University, and says he graduated from the institution in 1992.

The Concerned Citizens, however, claim that substantial evidence provided by a university official indicate it is highly unlikely Lake could have graduated that year, given the outstanding bills and the rigorous legal action pursued to settle his account for unpaid tuition in 1991.

The candidate was already responding to allegations about outstanding warrants associated with child support payments, and IRS tax evasion.

However, a response sent out via email claims these latest allegations are pure nonsense.

The reply says Lake faced up to his responsibility, and has been paying off the loan. The balance is reported to be US$600 owed, it was said, and Lake has contested the IRS issue as is his right as an aggrieved person.

There are clauses in both the Antigua Labour Party and the United Progressive Party's codes of conduct that state that the men and women of the party would not commit or encourage any character assignation or mudslinging in the 2009 campaign.

Mere days before the general elections, the Ovals community saw the opening of its Computer Access Center (CAC).

Information Minister Dr Edmond Mansoor said the opening was a direct result of collaboration between himself and United Progressive Party (UPP) candidate for the area Senator Lenworth Johnson.

Also in attendance was Consul General Mc Chesney Emmanuel.

Dr Mansoor said the center forms part of the government's plan to empower residents, and noted that the services offered would be very beneficial to the community. He also promised to pursue efforts to get a center established in Swetes Village.

The information minister encouraged residents to take advantage of the multi-faceted facility, as there are a lot of benefits to be derived from becoming computer literate.

Meantime, Johnson said the opening had come through persistence, and noted that the center will also house a meeting venue, and the space would also allow for the installation of a small library. "I'm going to work with the government librarian so that we can have a reading center also," he said. Referring to the area's crime situation, Johnson added, "I was very concerned about the area because some people are involved in things that are not wholesome. With this new center, we hope to offer counseling to the young people and instill positive values."

The Computer Access Centre is equipped with high-speed internet, and volunteers will be on hand to assist those who need extra help.
Computer classes will also be scheduled.

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The United Progressive Party’s (UPP) manifesto has detailed a new initiative, the Antigua and Barbuda Youth Business Trust (ABYBT), which seeks to offer young people the opportunity to establish and maintain their own businesses, through proper training.

In communicating the vision of the party, Minister of Sports and Youth Affairs, Winston Williams, under whose unit the ABYBT is expected to fall, explained that the program will be introduced when the UPP wins the election later this week. According to the manifesto and assertions by Williams, the ABYBT will include business start up capital, subject to appropriate vetting and project oversight requirements, as well as business affiliated grants for youths after a six months training process.

“Rather than the youth looking for employment, the government is giving them an opportunity which ties in to the whole idea of small business creation,” Williams explained.

At the end of the six month training period, individuals will be able to access the business trust funding to set up their own business. After the first disbursements are paid back to the government, the young entrepreneur can always re-apply for a second installation to expand their business.

The prospective business owner will also be assigned mentors, preferably seasoned business operators, to assist them in their path to self employment.

A number of other youth oriented programs were also outlined in the Declaration of Intent that includes a youth apprenticeship program in agriculture and a single mother’s cottage industry program. The latter is aimed at increasing employment opportunities for young single mothers with limited or no skills.

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The country’s pensioners are lauding the United Progressive Party’s (UPP) 52 page manifesto, Defending the Nation.

President of the Pensioners Association, Eddie Hunte, is contented with the plans outlined by the UPP as they will bring considerable benefits to the country’s aged population. He adds that the UPP administration has cared for pensioners and expects that, similar to their actions in their first term, these promises will come to fruition.

Dr. Errol Cort, Minister of Finance & the Economy, recently outlined numerous new initiatives that will make the lives of pensioners more comfortable. There will be an introduction of a widow/widower pension where the living spouse will be entitled to collect 66.6% of the pension that was being paid to the deceased.

Presently, if a husband or wife dies, the living partner is only entitled to a one-time payment of 25% of the monthly allowance during the month of the spouse’s death. Another first that the UPP will like to introduce is to link the pension to the rate of inflation; thus, as cost of living increases, pensioners’ allowance will also increase.

If re-elected, the UPP also promises the formation of the Pensioners Modernization Programme which is geared towards stamping out many the issues facing Antigua and Barbuda’s golden achievers.

Pensioner, Gladwin Phillip, commented, “I am glad both parties are taking such a keen interest in providing for us. We are the pillars on which the country was built.”

“This country got most of my young days and now, me old, I shouldn’t have to struggle to make ends meet,” Arnold Francis added.

“Everybody thinks we should be left out because we have children. But your children have their families and, after 40 years of service, I deserve some gratitude,” said Gwen Francis.

All grades of pensioners have seen an increase in allowances. The Pensioners Association also receives an annual grant of $50,000 to assist in social and entertainment programs for its members.

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