Evidence of Political Harassment : Asot Michael MP for St. Peter’s

Evidence of Political Harassment

Asot Michael MP for St. Peter’s

The Hon Asot A. Michael MP, as his title suggests, is a Member of Parliament in Antigua and Barbuda and has been actively engaged in politics in Antigua since 1997.  During his tenure Mr Michael has held numerous positions to include: Chief of Staff in the Office of the Prime Minister in Antigua (1997-2000), Government Senator, Full Minister of Government, Minister of State and Leader of Government Business in the Senate (1999-2003).

Mr Michael is the son of the late Patrick A. Michael and Mrs Josette Michael.  Mr Patrick A. Michael along with Mrs Josette Michael were the owners and managers of Antigua Premier Shopping Center, Antigua’s largest department store in the city of St. John’s Antigua between 1969-1989.  The Shopping Center sold a variety of items including duty free perfumes, 18karat jewellery including watches from Switzerland, quality household linens and appliances, women’s men’s and children’s apparel along with souvenir items and duty free liquor.  In essence, the Center was almost a one stop for patrons and was a well-known and supported enterprise in St. Johns.

Prior to the commencement of his political career, Mr Michael was actively involved in his family businesses.  He served as Managing Director for Asot’s Arcade, a retail store owned by his mother, Mrs Josette Michael and his sister. Mr Michael was also Managing Director of Patrick A. Michael Co. Ltd, his Real Estate Development & Investment Co).  Both these businesses continue to thrive.

In March, 2004 Mr Asot Michael successfully contested the general election as a candidate for the Antigua Labour Party; Mr Michael won his seat by the largest margin of votes on either side of the political divide; Mr Michael thus became the parliamentary representative for the St. Peter’s constituency. Mr Michael subsequently successfully contested the elections of 2009 and again garnered the largest majority of votes, actually increasing his earlier margin.  Mr Michael retains the confidence of the electorate and he continues to represent the same constituency in the House of Representatives.

Notwithstanding Mr Michael’s success at the polls, the Antigua Labour Party was not successful in the 2004 and 2009 elections. Since 2004, a new government administration took office in Antigua.  Prior to its election to office, the UPP (United Progressive Party) led administration through its leader and the current Prime Minister, The Hon Baldwin Spencer, openly declared its intention to “hound” members of the Antigua Labour Party and indicated its intention to “lock them up”.  We believe that it is instructive to note that, over eight years later, no criminal proceedings have been initiated against Mr Michael and it is apparent that there is no basis for the institution of any such criminal proceedings against our client.

This administration has initiated a number of civil court proceedings against members of the former administration, including Mr Michael.  None of these proceedings has led to any adverse order or finding being made against Mr Michael. 

In fact, on the contrary, Mr Michael has been successful in a number of interlocutory applications which have been filed on his behalf in courts both in Antigua and overseas, against the government.  Mr Michael has also been successful against the government in the Eastern Caribbean Supreme Court of Appeal.

Proceedings against our client, initiated by the government of Antigua & Barbuda, in Miami, Florida in the U.S.A have been dismissed by the government.  The notice of dismissal states among other things:

            “the Government of Antigua and Barbuda, by and through its Attorney General, the Honourable Justin L. Simon Q. C. hereby gives notice of the dismissal of this action against the Defendants….Asot Michael, Josette C. Michael….and all bank accounts of Asot Michael, Josette C. Michael.....at Wachovia Bank, N.A. named in this action without prejudice.”

There has been no subsequent proceedings brought in respect of the aforementioned bank accounts of Mr Michael or his mother and as such at present there are no proceedings against our client in Miami.  For convenience, a copy of the dismissal notice is enclosed and marked “AM 1”. 

In January, 2008 the police executed a search at the home of Mr Michael as well as at the business places of his mother in St. John’s.  The searches were highly publicised.  Mr Michael filed proceedings in respect of the searches and he was awarded $8,000.00 in damages by the High Court. The Court of Appeal also subsequently ordered that:

            “Pending the disposal of this appeal, the 1^st and 2^nd Respondents, whether by themselves their servants or agents or otherwise howsoever, be restrained from using and or permitting the use of any of the documents (or copies thereof) and/or other material seized by the 1^st and 2^nd Respondents from premises situate at Dry Hill, Antigua and St. John’s Antigua on 10^th January, 2008, in any way, including but not limited to their use in any legal proceedings whether in Antigua and Barbuda or abroad... ”

Where the above Court of Appeal order refers to the 1^st and 2^nd Respondents, this is a reference to the Attorney General and Commissioner of Police of Antigua respectively.  This Order still remains in force to date and a copy is attached and marked “AM 2”.

In July 2009 the current government set up a Commission of Inquiry to inquire into what is referred to as “The IHI matter” and which inquiry was to look into the alleged role of our client in the said matter.  On the 14^th of April, 2010, the High Court of Antigua ordered that the Commission not hold any hearings. A copy of this judgment is attached and marked “AM 3” with the Order appearing on pages 35 and 36 thereod.  As a result of this Order, the government withdrew the Commission of Inquiry and no further Commission has been reconvened by the government.

Mr Michael has always maintained that he is the victim of political harassment and Mr Michael has detailed the history of the political harassment before both the High Court and the Court of Appeal.  In Court of Appeal judgment HCV2008/019, the court of appeal upon hearing Mr Michael’s case and in particular his assertions of political harassment, ruled among other things:

            “…the respondents did not file any affidavit in response to that sworn to by and filed on behalf of the appellant.  At this interlocutory stage, it is unnecessary to come to any firm finding of fact.  However, absent controverting evidence on the part of the respondents, I am of the firm view that this court is entitled to conclude that the appellant has established, prima facie, those facts which he alleges in support of his application…

In addition, the appellant speaks to the political environment in Antigua and Barbuda as providing the principal motivation for the investigation into his financial affairs.  He also speaks to a pattern of harassment by the authorities, neither of which allegation is contested.” [emphasis added].

In the foregoing, “the appellant” refers to our client, Mr Michael, and the Respondents refer to the Attorney General, the Director of ONDCP and the Commissioner of Police.  This judgment is referred to above and attached as “AM 3”.  The effect of the above paragraphs as quoted from the Court of Appeal judgment is that the court has accepted the fact that the investigations into our client’s financial affairs are indeed politically motivated and form part of the political harassment against our client.

The full order of the Court of Appeal is as follows:

“1.  The Appeal is allowed with costs to the appellant to be assessed if not agreed in the high court and costs at 2/3 of the high court costs in the court of appeal;

2.  The appellant is granted an injunction pending the determination of the issues in this action restraining the Attorney General of Antigua and Barbuda; and /or the Director of the ONDCP and/or the Commissioner of Police their servants from requesting or seeking or pursuing any assistance for information from the relevant authorities of Bermuda pursuant to any request for assistance made by the Defendants in relation to or concerning the Claimant.

3. The appellant is granted an injunction pending the determination of the issues in this action restraining the Attorney General of Antigua and Barbuda; and/or the Director of the ONDCP and/or the Commissioner of Police their servants and or agents from disclosing to the relevant authorities in Bermuda pursuant to any request for assistance made by those authorities in Bermuda, any information or related material concerning the Claimant and/or bank accounts held at Bank of Nova Scotia, St. John’s Antigua as identified in such requests for assistance.

4.  The appellant is granted an injunction pending the determination of the issues in this action restraining the Attorney General of Antigua and Barbuda; and/or the Director of the ONDCP and/or the Commissioner of Police their servants and or agents and/or other authorities of the Government of Antigua and Barbuda from invoking, applying or seeking to enforce the provisions of Mutual Assistance in Criminal Matters Act No. 2 of 1993, the Proceeds of Crime Act No 13 of 1993, the Money Laundering Act No 9 of 1996 as amended or the Office of National Drug and Money Laundering control Policy Act No 11 of 2003  in relation to the Claimant and/or any bank accounts owned or controlled by him pending the determination of this matter.

5. The Order of Mr Justice Errol Thomas dated 2^nd December 2004 granting the Claimant leave to apply for Judicial Review in this action pursuant to CPR 56.4 (8) shall operate as a stay of proceedings  pending the determination of the lawfulness of the Defendants’ conduct as challenged in this action.  For the avoidance of any doubt the reference to the stay of proceedings refers to any or all steps by way of furtherance of any and all requests for assistance made by the relevant authorities in Bermuda to Antigua and Barbuda and requests for assistance made by Antigua and Barbuda to Bermuda with regard to the Claimant and any of his controlled or allegedly controlled accounts as identified in the respective requests.” All emphasis being that of the Court of Appeal.

This order is still in effect and you will note that it in effect restrains the government from seeking any assistance in respect of information in relation to our client and his bank accounts and that it also prevents the government from disclosing any such information to authorities abroad. It also further restrains the government from seeking to rely on various pieces of legislation in relation to our client or any bank accounts owned or controlled by him. The Order as you will note is wide and is still in force.

The actions of the current government are unsurprising as, prior to their election to office, members of the same UPP acting along with a local UPP aligned media house, were involved in the fabrication of wild and baseless accusations made by a young girl, Monique Kim Barua, in relation to drug trafficking by members of the Antigua Labour Party.  Some of these false accusations were published by the BBC news agency.  Subsequently, the leader of the Antigua Labour Party, the Hon Lester B. Bird commissioned a special investigation of the said accusations; the investigation was led by the renowned Mr Colin Warburton; Mr Warburton is formerly of the Metropolitan Police in the United Kingdom.  The investigation found that the accusations were false in their entirety.  This report of the investigative team was submitted to both the Attorney General and the Director of Public Prosecutions of Antigua As a result of the findings of the investigation, the former Prime Minister, the Hon. Lester B. Bird, claimed against the BBC for libel. Mr Bird was given an apology by the BBC and he was also awarded damages in the amount of Seventy Five Thousand (75,000.00) Great Britain Pounds.