Damage done

No time to study Dr Agard, says BLP counsel

Two days before the legal suit brought by Christ Church West MP Dr Maria Agard against the Opposition Barbados Labour Party (BLP) comes up for hearing in the High Court, the party’s legal counsel said he was yet to read the documents served on the two defendants – BLP Chairman Mia Mottley and General Secretary Dr Jerome Walcott.

Roger Forde, QC, explained that the documents were only recently served on his clients.

“I can’t give any position yet, cause I don’t know the position. The documents have only been served recently. We ain’t read them. I can’t give a position unless we read [them],” he stressed.

Forde also took issue with recent statements made by Dr Agard’s attorney Hal Gollop, QC, regarding filing of the court papers, saying “all this thing about filing ever since, we only just got the documents”.

Barbados TODAY has obtained a copy of the over 60-page affidavit and the seven-point statement of claim, filed by Dr Agard’s legal team.

And according to the date stamp, the documents were lodged with the Supreme Court on December 11, 2015.

The Christ Church West MP, whose case comes up for hearing in the High Court on Wednesday, is seeking damages from the BLP following the decision of the party’s National Council to expel her on November 22.

The statement of claim is also asking the court to declare unlawful, void and of no effect, the decision of the Mottley-led Council to dismiss her from the party.

The suit further urges the presiding judge to declare that the events which transpired on November 22 at party headquarters that led to Dr Agard’s expulsion, disregarded Dr Agard’s right to a fair hearing.

“A declaration of the decision to expel the claimant from the BLP in her absence, was a breach of the claimant’s right to a fair hearing,” the statement of claim adds.

The Christ Church West MP is also asking the court to declare that both Mottley and Walcott failed and/or refused to observe the rules of natural justice, while the National Council acted as a quasi judicial body in the disciplinary hearing of Dr Agard.

Apart from those specific claims, the former BLP parliamentary representative is requesting any further, or other relief deemed by the court to be just.

The statement of particulars, which will also form part of Agard’s case, recalls that the National Council passed a resolution on November 12 that she should be charged for breaches of discipline in accordance with Rule 82 of the BLP constitution.

However, Dr Agard’s legal team is contending that “the members sitting on the National Council at the hearing, were members of the same council that passed the resolution to prefer charges against the claimant”; therefore acting as judge, jury and executioner in the matter. (EJ)

7 Responses to Damage done

  1. Lawrence Griffith
    Lawrence Griffith December 22, 2015 at 11:19 am

    I find some very disturbing stuff in this article. How can someone claim damages for been expelled from a political party? Isn’t it a private organization like the lions club which is free to choose it’s members? Well the answer is very disturbing from quotes in the affidavit ” The BLP is charged for breaches of discipline in accordance with Rule 82 of the BLP constitution.”
    Unfortunately the BLP has fundamental principles protecting its members but not for the people to Barbados. If found guilty where is the money are going to come from? Barbados political parties is state funded so it’s the taxpayers on the hook. If I am wrong places correct me but its under Parliament Administration Act.1989.
    Most importantly why isn’t it the justice department and politicians look out for the people of Barbados as they do for themselves. How long does it takes trade unions to get employers to follow the law if they go to court?
    Once again the taxpayers have to foot the bill because Mia knows she doesn’t have to so can do whatever it takes to get her way..

  2. Donild Trimp December 22, 2015 at 11:35 am

    A waste of the Court’s time.

  3. Tony Waterman December 22, 2015 at 3:59 pm

    @Donild Trimp!!!!!!Not only a waste of the Court’s Time, The CJ should have done here what he did with Ansa McCall and Ambev, tell them NO fix it yourselves, more o for this because this is POLITICAL. Anyway my hope is that the Judge rules in Favour of the Party, because if that does not happen, this could spill over into other things, like trying to Fire a bad employee, that could become a challenge if a BAD precdedent is set.
    Now i hope that if the Party does win, that they don’t go looking for all types of refunds from the Defeated, just let sleeping Dogs lie, and move on.

  4. dave December 22, 2015 at 11:10 pm

    Judiical process in Barbados takes its own sweet time- translation–The process is slow. This case is un-precendented. Would never have happened in the days of Tom Adams and Errol Barrow . These men would have dealt with the situation like how Barrow dealt with Gertrude Eastmond.

    Whatever the case ! Its over for Maria Agard. The BLP aint want she and she cant win nuh seat for the DLP. Better if you so intelligent and got potential to be a Prime Minister that she form she own party -The (BWP) -Barbados Women’ss Party

  5. dap December 23, 2015 at 12:28 am

    This is a case of who dog like he lick and who he do not like he bite, we can clearly see that you all do not lik Maria. If you all were in a job and felt that you were dismiss wrongfully would you all not go to your union rep to get justice, so in Maria case they is no union to go too so she has to go to the law court, deal with it people it is her rights to fight if she was wrongfully dismiss

  6. David G. Brooks December 23, 2015 at 1:29 am

    Of course, there is no mention that several months ago that same National Council hearing her talk of her so called plight with the CC-West Exec of the time (long before the current Exec was elected in Sept) and this allowed by the Chair at the time, as the LOTO was in St. Kitts at the time of their elections in February, and so it was murmured as to what type of people and reputation made up the CC-West Exec (back then in Feb) and how could they think this and that about their MP?

    Yet as the true nature of things unraveled the National Council realised that they had been properly deceived by the crafty timing of such utterances especially when the LOTO was away and many other things as the public would know, when added up came to realise that all was not as it had been made to be seemed.

    I leave you to consider that as fairly as you can.

  7. dave December 23, 2015 at 7:26 pm

    What I tell yuh ?
    Slow process
    I wish she luck
    but it is over for MARIA. wHO SHE THINK SHE IS THOUGH –Chlesea Clinton ? Barack Obama? Usian Bolt ? Sandra Holford ? Dennis Lowe ? Stuart ? Staurt Broad ? Lincoln ? Hush Puppies creator ? Delvin ? Ann Sharks ? Patra ? Lady Saw ? Aboriginal girl fro Australia ? Mercedes ? Eve ? Shanta Prince ? Dogg ? Snoop Lion ? Barrington Levt featuring Shaggy or Shaggy featuring Barrington Levy??, Help Desk ? Bunji Garlin ? Messi ?

    She aint none o these people !!


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