By Latrishka Thomas
The high-stakes legal battle challenging Agriculture Minister Anthony Smith’s independent status in Parliament continued yesterday, with his lawyer mounting a defence against constituents seeking to contest his political position.
Attorney Dr David Dorsett, representing Smith, argued that the application filed by the constituents fails to mention the grounds for their claim as required.
He then argued that the affidavit filed against his client thereafter is fundamentally flawed.
Describing the document as “problematic from root to branch,” Dorsett challenged the legal basis of the claim brought by constituents who question Smith’s right to serve as an independent Member of Parliament.
During the hearing before Justice Jan Drysdale, Dorsett maintained that the plaintiffs have failed to provide substantive evidence supporting their claim. He specifically argued that the affidavit relies on hearsay and personal opinions, and lacks proof that Smith has joined the Antigua Barbuda Labour Party.
Dorsett therefore called for the claim which “lacks merit” be struck out.
Attorney Sherrie-Ann Bradshaw, representing the constituents, proposed that the court could potentially allow them to amend the claim by adding the grounds from the affidavit and award costs to the defendant rather than striking out the claim.
Justice Drysdale is scheduled to deliver a ruling on Thursday.
The dispute originates from Smith’s departure from the United Progressive Party (UPP) in July, after which he continued to serve in the Cabinet as an independent representative for All Saints West.
The UPP has contested his independent status, prompting legal action by some of his constituents.
