ST JOHN’S, Antigua, CMC – Opposition Leader Lester Bird has written Governor General Dame Louise Lake-Tack protesting her decision to suspend three members of the Antigua and Barbuda Electoral Commission (ABEC).

Bird said that he was not consulted by the Governor General prior to her decision to suspend the members from July 19, in contravention of Section 4(4) of the Representation of the People (Amendment) Act 2001.

He said the legislation makes it clear that the Governor General could only perform such a task of removing or suspending a member of the ABEC “after consultation with the Prime Minister and the Leader of the Opposition”.

“I now formally place on record that I, the Leader of the Opposition, have not been consulted by Your Excellency with regard to the suspension of the three members of ABEC,” Bird wrote.

He said he had first raised the matter in a letter Dated May 10 to the Governor General since he did “not consider that there is any proper basis or justification for the appointment of a tribunal under section 4 (3) of the Act.

In May, the Governor General announced written to the Chief Justice of the Eastern Caribbean Supreme Court seeking assistance with the establishment of a tribunal to investigate three ABEC members, after

Prime Minister Baldwin Spencer had written to her outlining what he termed breaches of the electoral law allegedly committed by commission chairman Sir Gerald Watt QC, his deputy Nathaniel James and Lionel Hurt.

In his letter, the Prime Minister said the breaches included the delayed opening of polling stations in the March 12, 2009 general election and a severely tainted voters’ list and that citizens are entitled to have an Electoral Commission that is capable of exercising its functions under the law.

He noted that on Election Day, March 12, 2009, it became clear within hours of the start of voting that the Commission was not ready or able to conduct the elections as required by law and expected by the people of the state.

On March 31, Justice Louise Blenman ruled that the election of Spencer, Tourism Minister John Maginley and Education Minister Jacqui Quinn-Leandro was invalid, throwing the United Progressive Party (UPP) administration into a tailspin.

The judge based her ruling on polling day irregularities, particularly the long delays before voting began in the three constituencies.

In his letter to Dame Louise, the Opposition Leader said he considers “any allegation of inability or misbehaviour on the part of any of the three members of the Commission wholly unwarranted, and harmful to each of them personally, and to the reputation of this country’s administration both at home and abroad.

“I also consider, Excellency, that the proposed suspension of the three members of the Commission is likely to have a serious and adverse effect on the holding of any by-elections, or a general election, should such be required following the impending decision of the Eastern Caribbean Court of Appeal. “

Bird said he was also taking objections to the request by the Governor General for him to submit the names of two persons to be appointed as new members ABEC.

“I must, therefore, also respectfully draw your attention to the fact that there is as yet no legal authority (or occasion) for the appointment of any new members of the Commission. Section 4 (4) of the Act, which you have invoked … provides only for the suspension of a member from the functions of his office.

“The Act draws a clear distinction between such a suspension and removal from office. The latter will only take place if the tribunal appointed under section 4 (3) of the Act so recommends,” Bird wrote, adding that the “the power to appoint a new member of the Commission only arises in the event the office becomes vacant in the circumstances provided for by section 3 of the Act.

“None of these circumstances presently apply,” he said noting that in the event that the office of the chairman or his deputy becomes vacant, the legislation requires that there be consultation with both the Prime Minister and the Leader of the Opposition.

Bird said that it was under “protest” that he was naming two persons “to exercise the functions of Deputy Chairman and to act as a temporary member of the Commission, respectively, pending the determination by the tribunal”.

“I however respectfully continue to insist, Excellency, that consultation with me precedes the actions you propose, as required by the Representation of the People Act and its several amendments,” Bird wrote, adding “at present the suspension of the Commissioners and any new appointments, if made in the manner you propose, would be unlawful, fall outside the boundaries of Your Excellency’s authority, and so be ultra vires”.