Editorial – January 31, 2014
We do not yet know where the Government of Montserrat (GoM) stand or where they stood when the Honourable Attorney General Esco Henry decided to challenge the Governor and Government in her remuneration issue and the taxes deducted. However, as it now stands and as the claims and applications continue to roll in, I t seems that there was more to the matter than the Governor admitted when questioned about their intention to hire a legal adviser.
Two months ago when an advertisement appeared for the post of a ‘legal adviser’, it was according to the advert: “To assist the Attorney General and GOM to present evidence that will variously win cases as defendants and/or reduce awards of damages, costs and interest against Government,” it was against the following background.
“Over the last few years, there has been significant growth in the number and potential size (in terms of damages claimed) of legal cases initiated against GOM. These range over a number of areas including land matters, contracts and personnel issues in the public service.”
We recall our posit back in November last year when we said: “Instead of protecting people from abuse and injustice, they are seeking how to prevent them from obtaining justice and fairness…they have indicated the unwillingness to do the right thing.”
What can the Government possibly introduce, what action can the Government take to be able to get the court to go against the laws of a democratic country? Or, are they ready to take steps to be more undemocratic than we have complained about? We suggested at the time, based on the reasons they were giving to hire the legal adviser, “This action is almost if it is not already, contemptuous.”
How can it be disadvantageous to government when anyone is wronged that he seeks to put it right? They encourage that. However, it should be noted here, that no one takes the Government to court without seeking to settle matter. It is never anyone’s first line of action.
But because government has deep pocket (the people’s money) whether it is the British tax payer, the Montserrat tax payer, they frustrate the complainant by refusing to accept the High Court, the Appeal Court to go the Privy Council, still our highest court. But that is man’s court, like the Hon. Attorney General, many believe and accept the highest, the divine court.
When we questioned the Governor early in December at his press conference, he said that (some of) the objectives in the advertisement were wrong, particularly the following: “…As a consequence, to indirectly help GOM deter the growing practice of initiating litigation against Government in the hope of making money.”
He agreed that with what he had heard us say often, “The action of not doing the right thing as they seem to do so frequently, forces people to take action and when it reaches the courts, if they uphold the law, justice will prevail and that is their duty.” It is because the right thing is so hard to do it forces people to seek redress.
We noted then also, that no one takes the Government to court without making several efforts to settle the matter.
What defense could the Governor, and by extension Her Majesty’s Foreign office, have against our Hon. Attorney General, when she says she has been wronged in the circumstances: “Section 112 of the Barbados Constitution is almost identical to section 97 the Montserrat Constitution. I do not think that the interpretation can be any clearer.”
We should note again that she said that she took her action, “to challenge the manner in which the law was applied to my remuneration and by extension the remuneration of other protected offices.” We do not know the circumstances but sources have said that there are others who have been similarly affected.
Here is hoping that the willingness of Miss Henry to seek to take action against the powers could serve as inspiration to those who are prepared to challenge the wrong doing of those powers. There have been others before her, and Claude Gerald comes quickly to mind. There are other pending matters, but our government should act quickly to dispense with these matters and stop aiding and abetting wrong doing. That seems corruptible enough. The longer the claims remain outstanding, the people of Montserrat suffer.
