Agard_Mottley

Maria Agard Denied the Right to Natural Justice

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 Comments on “Maria Agard Denied the Right to Natural Justice”

  1. are-we-there-yet December 1, 2015 at 9:25 PM #

    ac;

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

    Like

  2. pieceuhderockyeahright December 1, 2015 at 9:33 PM #

    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…

    Like

  3. Gabriel December 1, 2015 at 9:41 PM #

    Bushie
    Change……the only constant.

    Like

  4. ac December 1, 2015 at 10:05 PM #

    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

    Like

  5. Willie's December 2, 2015 at 12:32 PM #

    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?

    Like

  6. Vincent Haynes December 2, 2015 at 12:41 PM #

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

    Like

  7. Gabriel December 2, 2015 at 12:49 PM #

    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.

    Like

  8. Willie's December 2, 2015 at 12:59 PM #

    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.

    Like

  9. Hants December 2, 2015 at 1:05 PM #

    “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.

    Like

  10. millertheanunnaki December 2, 2015 at 1:07 PM #

    @ 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?

    Like

  11. Vincent Haynes December 2, 2015 at 1:17 PM #

    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?

    Like

  12. millertheanunnaki December 2, 2015 at 1:26 PM #

    @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?

    Like

  13. ac December 2, 2015 at 1:43 PM #

    @miller ..All of the above

    Like

  14. Willie's December 2, 2015 at 1:44 PM #

    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.

    Like

  15. ac December 2, 2015 at 1:52 PM #

    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.

    Like

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

    @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!

    Like

  17. Willie's December 2, 2015 at 3:08 PM #

    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.

    Like

  18. pieceuhderockyeahright December 2, 2015 at 3:35 PM #

    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.

    Like

  19. Jeff Cumberbatch December 2, 2015 at 4:13 PM #

    @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;

    Liked by 1 person

  20. Artaxerxes December 2, 2015 at 4:21 PM #

    “@ 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.”

    Liked by 1 person

  21. pieceuhderockyeahright December 2, 2015 at 4:36 PM #

    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.

    Like

  22. Vincent Haynes December 2, 2015 at 4:43 PM #

    @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.

    Like

  23. Hants December 2, 2015 at 5:11 PM #

    @ Artaxerxes,

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

    eff yuh doan believe me axe Pieceuhderockyeahrock.

    Like

  24. Bajanfuhlife December 2, 2015 at 6:39 PM #

    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.

    Like

  25. Bajanfuhlife December 2, 2015 at 6:52 PM #

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

    Like

  26. Gabriel December 2, 2015 at 6:54 PM #

    In another Wickum poll,respondents were asked to name the most effective leader among a slate of four,namely Mottley,Stuart,Thompson and Arthur.The poll suggested Arthur was far ahead with 51%,followed by Thompson 29%,Stuart 9%,Mottley 7%.Its so ironic that the latter two are still in the boondocks in respect of leadership.Neither can tell the other come back .Bim badly off the mark fuh trute.

    Like

  27. Bajanfuhlife December 2, 2015 at 6:55 PM #

    Mottley Neemakaram , she neemakaram – is Owen tell me so !

    Like

  28. millertheanunnaki December 2, 2015 at 7:20 PM #

    @ Bajanfuhlife December 2, 2015 at 6:39 PM

    Why don’t you prove yourself to be the joker and a fool by advising Stuart to call elections next year?
    Then you would be surely using the acid test on Mia.

    Mirror, mirror on the wall who is more popular: Mia? Maria? Owen?or Fumble???
    Here is a suggestion you can pass on to Dame Marie to test her support in the Ch Ch West constituency.
    Why not get her (backed by her most loyal branch executive) to organize a march by the residents of the Ch Ch West riding to the Garrison in true Duchess of Despotism style to demonstrate support for their well-loved representative all dressed in blue yellow and black.

    Why not let her collect the signatures of all her electoral supporters in the form of a petition calling for her reinstatement to the BLP to be the duly chosen candidate for the next general elections

    Now that kind of grass roots action would jumpstart the BLP leadership into a sense of fearful reality.

    As EWB advised: If you want justice you should stay away from the law courts of Barbados. A piece of advice soundly supported by the CCJ.

    Like

  29. ac December 2, 2015 at 7:26 PM #

    What about the political side .This is a no win for Mia the cookie was left in the oven too long and now its has become blackened and burnt to a crisp

    Like

  30. Prodigal Son December 2, 2015 at 7:48 PM #

    @ Artaxerxes December 2, 2015 at 4:21 PM #

    “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.”
    ……………………………………………………………………………………….

    Artaxerxes,

    Well said…………

    It is shameful and typical hypocrisy from dems who know that they live in glass houses as regards to political infighting and downright political war which has been the hallmark of the DLP from the days of Sandi……..dont talk about the days the dead king. The ac’s have short memories…………remember when the dems voted with the BLP to bring down Sandi?

    Why is it that as you go around talking, many people to whom you speak who had contact with Maria Agard tell you the same thing……….she is a difficult person to work with. Maria’s problem is that she overplayed her hand, listened to the wrong people who used her as a pawn in their political schemes and it backfired on her.

    Now after all the grave damage she has done to the party, she still wants to be re-instated? Is she for real?

    She told David Ellis on Brasstacks that she had no problem with her leader……now today still following the people who are leading her astray…………..she has now echoed their voices…………the leader is a tyrant.

    Maria, the BLP is better seeing the back of you…..you have now learnt that the party is bigger than you. Hope the door did not hit you when you stormed out!

    Like

  31. ac December 2, 2015 at 8:07 PM #

    Prodigal back again talking horse shit,it is people like you who have made Mia to look like a weak leader and when time comes to making hard decisions she only does so when severe pressure is applied by the BLP yardfowls and inner circle in her party
    Yardfowl politics is what got Mia all tangled up .Until she can decipher/practice Diplomacy from yadfowlism,Her days are doomed as a leader of a political party or country.You can go to the bank on that

    Like

  32. Artaxerxes December 2, 2015 at 9:04 PM #

    Yard fowl politics is an art practiced by ALL POLITICIANS.

    From time to time politicians may offer a response to a particular scenario but when he/she is confronted by a similar issue occurring under similar circumstances, they gave a completely different response, knowing their gullible supporters will purposely forget the original response.

    For example, in May 2003 when asked if there was any truth in the rumour that Clyde Mascoll was to be offered a ministry in the then BLP administration, Owen Arthur responded by asking what would he do with Mascoll in his cabinet. By January 2006 Mascoll was a member of Arthur’s cabinet.

    After the 2008 general elections and until a few months ago Stuart and Sinckler did not have anything good to say about Owen Arthur. A few weeks ago, these same gentlemen were suggesting Arthur be appointed chairman of the government’s economic advisory committee.

    George Orwell wrote a very fitting description in his essay: “Politics and the English Language:”

    “POLITICAL LANGUAGE……… and with variations this is true of all political parties, from Conservatives to Anarchists……. is DESIGNED to MAKE LIES SOUND TRUTHFUL and MURDER RESPECTABLE, and to give an appearance of solidity to pure wind.”

    Like

  33. ac December 2, 2015 at 9:25 PM #

    Sir this is an era of enlightment those things practiced in an era by gone are no longer accepted as exemplified by Agard
    Makes no sense in harping back to the days of possibilities and probabilities .the eyes are ears of the people are alert and fully tuned

    Like

  34. pieceuhderockyeahright December 2, 2015 at 9:28 PM #

    @ AC

    From 4.36 to 7.26 p.m.

    That is three hours woman, it tek you 3 hours before you get permission to speak on this matter? Doan leh it happen again hear!! I miss you

    Whu de ole man wud figure dat dem wud have whatsapp you your script at least an hour afterwards!!

    You was in Cabinet today?? Somebody heah tell me that you is Irene Sandiford Garner, you is a nex real beautiful woman doah, why it does be dat some uh wunna beauties does be so fixed pun ingrunce doah? like de DLP?

    de same thing is going on with Verla DePeiza, a next beauty, jes misguided to the DLP.

    Stop drinking de water at de DLP auditorium at George street heah, it got to be de water dat got in Macumba (I learn dat word from Hants and de Blogmaster in de Diaspora corner where dem invite de ole man tuh see an article bout a brazillian contest fuh…..well de ole man is not going to say whu de contest is about causing de female bloggers heah does tek me tuh PIECES, when i comments pun some tings, no pun intended

    I notice dat Baffy doan me no anti-feminist comments heah no mo doah? Some body like dem do some macumba pun he!!

    Like

  35. Fractured BLP December 2, 2015 at 10:03 PM #

    Maria Agard said it well ….’The curreny leader of the BLP may not be there tomorrow, next week or next month’

    Mia your days are numbered……haha!

    Looka what Miller & Prodigirl do to Mia! !!!

    Like

  36. Prodigal Son December 2, 2015 at 10:14 PM #

    For an educated woman, Maria Agard is very naive.

    She did not realise that she was being used hence her statement.

    She was being used to bring about what she said but look how it backfired.

    Now she is a woman at sea without a party………………she really think she can bring down Mia?

    Joker!

    Like

  37. pieceuhderockyeahright December 2, 2015 at 10:56 PM #

    @ Prodigal Son

    Dr. Agard has brought Mia Mottley to a crossroads which if she takes the red pill will redeem her and if she takes the blue pill will leave her to use you words “a woman at sea without a party”

    Leh de ole man explain causing when de Madam walk through dem doors all de man I is heah pun dis blog, dun for.

    Dun tell wunna dat it did gine court and dat Agard gine win de court case so lef um deah and fast forward to outcomes and effects.

    One. Agard get reinstate and tings get re laid gainst she and she get expell but Mia get seen as real bully and vindictive woman causing de dem gine all guns gainst each udder in and out of court.

    Two a. Agard get reinstate and a rapprochement is ostensibly entertained and Agard get dump at de end of period or b. prove sheself to be a winning horse for she seat and is left to contest.

    Option 2. b while an option CANNOT BE ENTERTAINED cause dat specific seat get promise way to Jerome since it is rightfully perceived dat he cannot win any udder seat in de cuntstituencies.

    Now here is a big foot move dat will show Mia to be a true leader.

    Befo’ any case commence, Mia tek to de airways and tell de peeple’s dem dat de NKVD troika sorry the NCD have erred and it have retract all dat it did saying bout Dr. Agard, befor de seven days out.

    In fak, de ole man was did tinking dat 2 days after de stink, she and Wickham wudda did do dis big foot move but still implement 2.a under a Limited Scope Rapprochment where dem say to Agard, “de Party are is running a strategy called “Parallel Candidacy” or Parallel Understudy Program”

    PC or PUP tek you pick.

    “Under PC, not Broomes, nor Dottin, or PUP, we are seeking to ensure (a) an alternative (in case you should die) or (b) if the people should waver in their support of you..dat de party daon get pup pun…

    Now I wudda advance dis shy.te talk at one uh de council meeting long ago, befo all dis commess, and get all dem sycophants to buy into it, including de udder four trouble makers dat my NKVD troika, sorry NCD, sorry, dat I really trying to get rid of…you know Payne in my butt, Oblong Head and de nex two..

    Why dat would do is keep me friends close, but me enemies, Agard closer, so dat de DLP wud not be able tuh seduce she.

    De ole man gots a nex idea fuh de DLP too but like i did say ealier, dem gots tuh go so I ent saying nuffin les dem heam me and whaplax dem do um and den get annuder 5 years to grease we sorry wunna pouches mo’ cause de ole man in de departure lounge

    Anyway it is nearly 11 o’clock and de ole man need to get me 3 hours uh sleep so dat i kin get up and watch fuh de harbinger. Me madam wud nevah forgive me if, de night befo she get back, I leh he tek me.

    I cud see she now Prodigal etching de words pun de ole mand tombstone, Rest in Peace, til I come…you has youself a good night heahhhh….oh lawsie dat are plagiarism

    Like

  38. Bajanfuhlife December 3, 2015 at 3:45 AM #

    I found Owen Arthur’s revelations quite telling – Mottley is crucifying Maria Agard when Owen SPECIFICALLY outlined a pattern of actions by Mottley which are far worse than the kangaroo court charges brought against Maria .( speaking to the Nation and VOB).

    Not only does it show what a blatant, arrogant hypocrite Mottley is , it clearly shows that this is more about Mottey trying to ensure that she keeps the BLP MP mathematics in her own selfish interest so she is prepared to jettison loyal BLP members if they are not prepared to bow down to the despot.

    Maria Agard has more testicles than the BLP apologists on this blog – that is why Mottley tried to get rid of her.

    Liked by 1 person

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