General Elections Could Undermine Panton’s Leadership Bid Amid Court Battle

Contempt and mediation aside, the reality is that the general elections are looming, and there is a high possibility that it may be called within the first quarter of this year.  If that happens, it doesn’t really bode well for Panton as the court procedures would still be ongoing when the election is called.  It also wouldn’t work out in her favor as it would give Barrow full power to select his 31 standard bearers for the UDP.  Attorney Dr Christopher Martin made it clear that he is not interested in the political timelines, but rather on the compliance with the court rulings which signals that Barrow has retained the leadership seat and powers.

Dr. Christopher Malcolm, Attorney: “By reverting the status ante the court has said that Mr. Barrow is not only the leader of the party but empowered by reference to the UDP constitution to do such things and acts as are appropriate for the proper functioning of the party, which includes its preparation for upcoming elections. So what Mr. Barrow is doing, the question that must be asked is, is he doing anything that proper leadership would not require, which is to, among other things, ensure that the UDP has the best chance possible to select candidates under his leadership who are best able to contest the election. Is there anything wrong with doing those things? And the answer is absolutely no. So what Ms. Panton is calling out to is popular sentiment, if that is what she’s claiming to be calling out to, but certainly not by reference to the UDP constitution on what is proper by reference to what leadership requires. Leadership requires hard decisions, leadership requires making appropriate decisions, and if you’re a leader you must demonstrate and carry out what is required of leadership at a particular time. So I would then ask Ms. Panton in her statement if she were the leader would she then say that she is dis-entitled from seeking to have the best candidates made available for election but secondly Ms. Panton in the very time… and you will you will confirm this….my understanding is that Ms. Panton has herself been going about seeking to select candidates and do all of these things so how then she who is not the legitimate leader is claiming to have the right to select candidates yet my client who is the legitimate leader affirmed as such by the court should not be able to do it I would like Ms. Panton to answer that question.”

In his translation, Attorney Malcolm spoke on the October 20 event, saying that the court has yet to rule on its validation.  What the court has done is ruled that everything goes back to how it was prior to that event.  This ruling is key as it is what allows Barrow to retain his leadership role.

Dr. Christopher Malcolm, Attorney: “He has all the rights incidental to leadership and may carry out those functions as deemed appropriate. If for example, let’s say he decides that Ms. Panton cannot run for the UDP for whatever reason, let’s just say that, right? I think they’re, I’m sure there are processes within the UDP and I’m not as familiar with those because those are not germane to the brief that I have. But if one of them feel that they have been non-selected when they should have been then you know something which is amazing? They can make an application to the court to seek to have the court judicially review that action. Of course, there are steps within the party itself and the usual process for judicial review, administrative law, things coming in, is that you must exhaust internal remedies before you go to the court. But all I’m saying is that there are steps there and the questions always arise. If it is that you feel aggrieved what must you do? Exhaust your internal remedies as provided under the constitution and then go further. But let me just add something which you may or may not be aware of. The fact is that when you have a body such as the UDP, which is a political party which is an unincorporated association as we call them. When you have those, you know what the unincorporated, the constitution of the unincorporated association is? It is simply a contract between the members. So if it is that there’s a contract as between the members and there is contended to be a breach what do you have a breach of contract, you can sue on it. So the fact is that the process is not as fluid as one might think, there are clear steps that are provided. So all we are saying, certainly all I am saying, is that follow the rules. Follow what you have got yourself involved in. Do it properly and if the court is there the court is expected to be obeyed and its orders to be complied with.”

Up to news time tonight, the government is yet to announce a date for the general elections.