BLP wants Dr Agard’s case thrown out
She has already been kicked out of the Opposition Barbados Labour Party (BLP).
And if that is not injury enough, lawyers for the Mia Mottley-led Opposition today sought to get the High Court to side with them by striking out Dr Maria Agard’s case once and for all.
However, after five hours of hearing, the matter was adjourned pending the ruling of the judge.
In making the application today, the BLP’s team of attorneys, including Queen’s Counsel Elliott Mottley, Leslie Haynes and Roger Forde, argued that Dr Agard’s case was incorrectly lodged with the court in the first place.
“The action was against the wrong parties in a representative capacity.
“In other words, the action was brought against Mia Mottley and Jerome Walcott, as chairman and general secretary respectively, and on behalf of all members of the Barbados Labour Party.
“Our position was simply, the representation was wrong, because the person who expelled her, was the National Council of the Barbados Labour Party and not all the members of the Barbados Labour Party,” Haynes told Barbados TODAY, suggesting instead that the court action should have specified members of the BLP’s National Council.
However, Dr Agard, in a brief comment to reporters outside the court said: “I have taken a position on principle and I shall be resolute until the court makes a final decision.”
Dr Agard, who is being represented by Hal Gollop, QC, had earlier asked the court to rule on the constitutionality of her dismissal last November 22 after she openly challenged Mottley’s leadership of the Opposition party.
She also wants the court to rule on what her attorney claims were “flagrant breaches of the rules of natural justice”, given that her “accusers turned out to be the jury, judge and everybody else associated with inflicting the punishment” that was her dismissal.
At the start of the case last December, Gollop had also drawn to the court’s attention to the absence of procedural rules for instituting disciplinary hearings in the BLP’s constitution.
“So that the measures taken by the Council that night [November 22] to hand out a sheet [of paper] just before the meeting was officially convened, was preposterous. We made the submission that Dr Agard and her team should have been given reasonable notice to have a look at the ad hoc procedural rules,” Gollop contended.
Ironically, the BLP has already chosen a replacement for Dr Agard, even though she remains the duly elected representative for Christ Church West in Parliament.
It was exactly a week ago that her predecessor Dr William Duguid was nominated unopposed to carry the BLP banner in that southern riding, which he first represented in 2003 before resigning ahead of the 2013 poll and migrating to Canada.
It is therefore left to be seen what will be the final outcome of this bitter internal impasse. (EJ)