Racism or Guilt?

Across the United States of America, people have been vehemently protesting Obama’s proposal for health care reform. Thousands have gathered at town hall meetings to show their representatives that they oppose Congress’s plan to completely overhaul healthcare in America. Representatives in favor of the current proposals insist that the protests are due to “people just getting information that’s flat wrong,” such as that care will be rationed, health saving accounts will be illegal, private insurance companies will be driven out of business by the public option, etc. As there is no substantial alternative opposing debate; ‘race’ becomes the issue.

This mirrored the Anguilla’s situation on a critical piece of legislation, the Proceeds of Crime Act (POCA) 2010. Misinformation through unprofessional, non-analytical, unsubstantiated, antagonizing filth material, filled with uncalled-for fear-mongering and childish issues. Oppositions are more afraid of losing their ill-gotten gains, than wiping out criminal activities on Anguilla. So much so that the supposedly educated racist culprits are competing for supreme idiocy; though at extreme ends of the spectrum.

Dissatisfactions about proposed amendments to a toothless Act; originally ram through a lame-duck Parliament under duress from our “criminal-coup” (Anguilla Bar Association, the Anguilla Financial Services Association and the Anguilla Christian Council Association) - an Act destined revisiting.

In essence, this Act was treated like a Private Bill.

Ironically or interestingly, these are the said culprits who are interested in ‘Integrity Legislation’ and a ‘Freedom of Information Act’ for Anguilla. If it is good for the Goose, it must be good for the Gander!

Open your eyes and ears Anguillians! A POCA is a ‘catch all’ effective piece of legislation use in the fight against hidden criminal activities. It’s the best piece of legislation any legitimate government should implement. It’s one of the best tools our law-enforcement agencies can equip themselves with.

And does the United Kingdom have a POCA? Explanatory Notes were found here.

Say No, to our criminal-coup and racist Lolita – and let the democratic elected Government of Anguilla lead.

The other option is - to be treated like a child by an Order-In-Council.

Have you wonder why I am quoting 2010?

Prepared Remarks of President Barack ObamaBack to School Speech

Prepared Remarks of President Barack ObamaBack to School Event
Arlington, VirginiaSeptember 8, 2009

The President:

Hello everyone – how’s everybody doing today? I’m here with students at Wakefield High School in Arlington, Virginia. And we’ve got students tuning in from all across America, kindergarten through twelfth grade. I’m glad you all could join us today.

I know that for many of you, today is the first day of school. And for those of you in kindergarten, or starting middle or high school, it’s your first day in a new school, so it’s understandable if you’re a little nervous. I imagine there are some seniors out there who are feeling pretty good right now, with just one more year to go. And no matter what grade you’re in, some of you are probably wishing it were still summer, and you could’ve stayed in bed just a little longer this morning.

I know that feeling. When I was young, my family lived in Indonesia for a few years, and my mother didn’t have the money to send me where all the American kids went to school. So she decided to teach me extra lessons herself, Monday through Friday – at 4:30 in the morning.

Now I wasn’t too happy about getting up that early. A lot of times, I’d fall asleep right there at the kitchen table. But whenever I’d complain, my mother would just give me one of those looks and say, "This is no picnic for me either, buster."

So I know some of you are still adjusting to being back at school. But I’m here today because I have something important to discuss with you. I’m here because I want to talk with you about your education and what’s expected of all of you in this new school year.

Now I’ve given a lot of speeches about education. And I’ve talked a lot about responsibility.

I’ve talked about your teachers’ responsibility for inspiring you, and pushing you to learn.

I’ve talked about your parents’ responsibility for making sure you stay on track, and get your homework done, and don’t spend every waking hour in front of the TV or with that Xbox.

I’ve talked a lot about your government’s responsibility for setting high standards, supporting teachers and principals, and turning around schools that aren’t working where students aren’t getting the opportunities they deserve.

But at the end of the day, we can have the most dedicated teachers, the most supportive parents, and the best schools in the world – and none of it will matter unless all of you fulfill your responsibilities. Unless you show up to those schools; pay attention to those teachers; listen to your parents, grandparents and other adults; and put in the hard work it takes to succeed.

And that’s what I want to focus on today: the responsibility each of you has for your education. I want to start with the responsibility you have to yourself.

Every single one of you has something you’re good at. Every single one of you has something to offer. And you have a responsibility to yourself to discover what that is. That’s the opportunity an education can provide.

Maybe you could be a good writer – maybe even good enough to write a book or articles in a newspaper – but you might not know it until you write a paper for your English class. Maybe you could be an innovator or an inventor – maybe even good enough to come up with the next iPhone or a new medicine or vaccine – but you might not know it until you do a project for your science class. Maybe you could be a mayor or a Senator or a Supreme Court Justice, but you might not know that until you join student government or the debate team.

And no matter what you want to do with your life – I guarantee that you’ll need an education to do it. You want to be a doctor, or a teacher, or a police officer? You want to be a nurse or an architect, a lawyer or a member of our military? You’re going to need a good education for every single one of those careers. You can’t drop out of school and just drop into a good job. You’ve got to work for it and train for it and learn for it.

And this isn’t just important for your own life and your own future. What you make of your education will decide nothing less than the future of this country. What you’re learning in school today will determine whether we as a nation can meet our greatest challenges in the future.

You’ll need the knowledge and problem-solving skills you learn in science and math to cure diseases like cancer and AIDS, and to develop new energy technologies and protect our environment. You’ll need the insights and critical thinking skills you gain in history and social studies to fight poverty and homelessness, crime and discrimination, and make our nation more fair and more free. You’ll need the creativity and ingenuity you develop in all your classes to build new companies that will create new jobs and boost our economy.

We need every single one of you to develop your talents, skills and intellect so you can help solve our most difficult problems. If you don’t do that – if you quit on school – you’re not just quitting on yourself, you’re quitting on your country.

Now I know it’s not always easy to do well in school. I know a lot of you have challenges in your lives right now that can make it hard to focus on your schoolwork.

I get it. I know what that’s like. My father left my family when I was two years old, and I was raised by a single mother who struggled at times to pay the bills and wasn’t always able to give us things the other kids had. There were times when I missed having a father in my life. There were times when I was lonely and felt like I didn’t fit in.

So I wasn’t always as focused as I should have been. I did some things I’m not proud of, and got in more trouble than I should have. And my life could have easily taken a turn for the worse.

But I was fortunate. I got a lot of second chances and had the opportunity to go to college, and law school, and follow my dreams. My wife, our First Lady Michelle Obama, has a similar story. Neither of her parents had gone to college, and they didn’t have much. But they worked hard, and she worked hard, so that she could go to the best schools in this country.

Some of you might not have those advantages. Maybe you don’t have adults in your life who give you the support that you need. Maybe someone in your family has lost their job, and there’s not enough money to go around. Maybe you live in a neighborhood where you don’t feel safe, or have friends who are pressuring you to do things you know aren’t right.

But at the end of the day, the circumstances of your life – what you look like, where you come from, how much money you have, what you’ve got going on at home – that’s no excuse for neglecting your homework or having a bad attitude. That’s no excuse for talking back to your teacher, or cutting class, or dropping out of school. That’s no excuse for not trying.

Where you are right now doesn’t have to determine where you’ll end up. No one’s written your destiny for you. Here in America, you write your own destiny. You make your own future.
That’s what young people like you are doing every day, all across America.

Young people like Jazmin Perez, from Roma, Texas. Jazmin didn’t speak English when she first started school. Hardly anyone in her hometown went to college, and neither of her parents had gone either. But she worked hard, earned good grades, got a scholarship to Brown University, and is now in graduate school, studying public health, on her way to being Dr. Jazmin Perez.

I’m thinking about Andoni Schultz, from Los Altos, California, who’s fought brain cancer since he was three. He’s endured all sorts of treatments and surgeries, one of which affected his memory, so it took him much longer – hundreds of extra hours – to do his schoolwork. But he never fell behind, and he’s headed to college this fall.

And then there’s Shantell Steve, from my hometown of Chicago, Illinois. Even when bouncing from foster home to foster home in the toughest neighborhoods, she managed to get a job at a local health center; start a program to keep young people out of gangs; and she’s on track to graduate high school with honors and go on to college.

Jazmin, Andoni and Shantell aren’t any different from any of you. They faced challenges in their lives just like you do. But they refused to give up. They chose to take responsibility for their education and set goals for themselves. And I expect all of you to do the same.

That’s why today, I’m calling on each of you to set your own goals for your education – and to do everything you can to meet them. Your goal can be something as simple as doing all your homework, paying attention in class, or spending time each day reading a book. Maybe you’ll decide to get involved in an extracurricular activity, or volunteer in your community. Maybe you’ll decide to stand up for kids who are being teased or bullied because of who they are or how they look, because you believe, like I do, that all kids deserve a safe environment to study and learn. Maybe you’ll decide to take better care of yourself so you can be more ready to learn. And along those lines, I hope you’ll all wash your hands a lot, and stay home from school when you don’t feel well, so we can keep people from getting the flu this fall and winter.

Whatever you resolve to do, I want you to commit to it. I want you to really work at it.

I know that sometimes, you get the sense from TV that you can be rich and successful without any hard work -- that your ticket to success is through rapping or basketball or being a reality TV star, when chances are, you’re not going to be any of those things.

But the truth is, being successful is hard. You won’t love every subject you study. You won’t click with every teacher. Not every homework assignment will seem completely relevant to your life right this minute. And you won’t necessarily succeed at everything the first time you try.

That’s OK. Some of the most successful people in the world are the ones who’ve had the most failures. JK Rowling’s first Harry Potter book was rejected twelve times before it was finally published. Michael Jordan was cut from his high school basketball team, and he lost hundreds of games and missed thousands of shots during his career. But he once said, "I have failed over and over and over again in my life. And that is why I succeed."

These people succeeded because they understand that you can’t let your failures define you – you have to let them teach you. You have to let them show you what to do differently next time. If you get in trouble, that doesn’t mean you’re a troublemaker, it means you need to try harder to behave. If you get a bad grade, that doesn’t mean you’re stupid, it just means you need to spend more time studying.

No one’s born being good at things, you become good at things through hard work. You’re not a varsity athlete the first time you play a new sport. You don’t hit every note the first time you sing a song. You’ve got to practice. It’s the same with your schoolwork. You might have to do a math problem a few times before you get it right, or read something a few times before you understand it, or do a few drafts of a paper before it’s good enough to hand in.

Don’t be afraid to ask questions. Don’t be afraid to ask for help when you need it. I do that every day. Asking for help isn’t a sign of weakness, it’s a sign of strength. It shows you have the courage to admit when you don’t know something, and to learn something new. So find an adult you trust – a parent, grandparent or teacher; a coach or counselor – and ask them to help you stay on track to meet your goals.

And even when you’re struggling, even when you’re discouraged, and you feel like other people have given up on you – don’t ever give up on yourself. Because when you give up on yourself, you give up on your country.

The story of America isn’t about people who quit when things got tough. It’s about people who kept going, who tried harder, who loved their country too much to do anything less than their best.

It’s the story of students who sat where you sit 250 years ago, and went on to wage a revolution and found this nation. Students who sat where you sit 75 years ago who overcame a Depression and won a world war; who fought for civil rights and put a man on the moon. Students who sat where you sit 20 years ago who founded Google, Twitter and Facebook and changed the way we communicate with each other.

So today, I want to ask you, what’s your contribution going to be? What problems are you going to solve? What discoveries will you make? What will a president who comes here in twenty or fifty or one hundred years say about what all of you did for this country?

Your families, your teachers, and I are doing everything we can to make sure you have the education you need to answer these questions. I’m working hard to fix up your classrooms and get you the books, equipment and computers you need to learn. But you’ve got to do your part too. So I expect you to get serious this year. I expect you to put your best effort into everything you do. I expect great things from each of you. So don’t let us down – don’t let your family or your country or yourself down. Make us all proud. I know you can do it.

Thank you, God bless you, and God bless America.

British, Brutish... or Thickish?

November 16, 1965 – British Parliament passed the Southern Rhodesia Act which provided that no laws could be made or business transacted by the Rhodesian Legislative Assembly. The Court held in Madzimbamuto v Lardner-Burke [1969], that even if there was a principle which recognised the need to preserve law and order in territory controlled by a usurper, such a principle could not override the legal right of the British Parliament ‘to legislate’ for a territory under the sovereignty of the Queen in the UK Parliament.

This was recognised even in the face that by passing the Southern Rhodesia Act 1965, the UK Parliament was ignoring the previous constitutional convention that it would not exercise its sovereignty in Commonwealth affairs without the consent of the Rhodesian Government.

Likewise, in Reference Re Amendment of the Constitution of Canada (1982), the Supreme Court ruled that the constitution empowers the Parliament of Canada on ‘matters of law’.

In essence, the Government of Anguilla is within its constitutional right to pass any Bill in its House of Assembly deemed necessary.

As stated before, it is sad that our Oppositions on Anguilla do not have the intellectual clarity and political maturity to tell the government that overall security of the country is intrinsically linked with good governance.

Under Ian Donaldson Mitchell’s influence, change will be a disaster for Anguilla.

British, Brutish... or Thickish?

Tortola is White-Listed as Anguilla remains Dark Grey

Premier and Minister for Finance Honourable Ralph T. O’Neal, OBE has received hearty congratulations from the Government of the United Kingdom on the Territory’s ascent to the “white list” of the Organisation for Economic Cooperation and Development (OECD).

The BVI achieved that status yesterday with the signing of its 12th Tax Information Exchange Agreement (TIEA) with the government of New Zealand at its embassy in Washington, DC.

This clearly demonstrates the commitment of the BVI Government in pursuing transparency and good governance in tax matters; and strengthens its reputation as a jurisdiction committed to international cooperation and exchange of information.

Tortola is now officially listed as a jurisdiction that has substantially implemented the international tax standard on exchange of information.

Gordon Brown expressed ‘confidence’ that the BVI will remain at the forefront of developments in this area and readily meet new international standards as they emerge.

To date, the BVI has signed TIEA’s with United States of America, the United Kingdom, Australia, Sweden, Norway, Finland, Denmark, Iceland, The Faroes Greenland, France and New Zealand.

Tax Information Exchange Agreements provide for the exchange of information between signatories based on requests relating to specific criminal or civil tax matters that are under investigation.

Now that Brownie and his Brownites have responded unfavourably to the Government of Anguilla's request for greater flexibility to borrow money to address the needs of the administration, should they cooperate and stifle much needed extracurricular funding and further hamper their economy at this time?

What is the Government of Anguilla doing to strengthen its reputation as a jurisdiction committed to international cooperation and exchange of information?

Are we risking a collision with the British like our Turk counterparts?

Despite my full support for the Government of Anguilla… I UNDERSTAND THE BRITISH!

I know our ‘Visionful Oppositions’ are working with the government on a meaningful conclusion on a way forward.

Or playing Politricks?

Lawd help us!

Visionless Opposition

It was one of his most worrying tasks that on the early morning of July 23, Mr. Valdez Johnson - an unassuming, industrious, dignify young Anguillian - vents via his Facebook page:

“To the new politicians on the Block, we know all that this Government has
done in the past, the good, the bad, the ugly. Don’t want to hear that. Tell me
what plans you have for the future of Anguilla. To be honest if you can’t show
or tell me what you gonna do - I voting the same way....”

One of the vital aspects of parliamentary democracy is the provision of an Opposition which functions almost as a shadow or a government in waiting. Opposition parties are suppose to act firmly and alertly while dealing with sensitive issues and correcting the measures of the Government whenever the steps taken are detrimental to national interest.

Unfortunately, we have been facing an infirm Opposition.

The largest opposition party, the Anguilla Progressive Party (APP) – with the counselling from a leading Miscarriages of Justice and racist former Judge of the Eastern Caribbean Supreme Court - takes the pride in being the mainstream party of change for Anguilla. But the party has failed to impress the country that they are the custodians of a different and higher political morality. For this reason, the party is not able to provide a modicum of coherence in forming credible governance.

The Anguilla United Movement (AUM) under the late Hubert Benjamin Hughes is a disgrace to our (electorate) intelligence and Anguillians as a whole, and is nothing but an accident in waiting. This party is terminal; compounded with chronic Self Importance Syndrome and is detrimental to stability and prosperity - and must be jolted into this reality.

Whereas, the Anguilla Democratic Party (ADP) is simply a waste of time – spiteful and revengeful from a missed opportunity.

The opposition parties on Anguilla do not seem to have ideas, inspirations or individuals who can combine effectively to confront the Anguilla United Front (AUF) brand of democracy. They have almost subordinated their thinking and tactics to the AUF’s - more in the role of technocrats rather than novice or visionaries - with no principled stand over any issue.

They do not have an alternative policy regarding how to solve any nagging problems. There is no coherent alternative approach; instead it is wasting time simply to pounce on the government on matters of tactics alone. For example, it would have been perfectly legitimate for the Opposition to start a separate dialogue with the government on the Proceeds of Crime Bill, rather than involving the three ‘criminal associations’ (Christian Council Association, Financial Services Association and the Bar Association) to sanction. Or, how about a dialogue on effective legislations example, Planning Legislation, amendments to our Property and Land Legislations, Labour Laws including a National Minimum Wage Legislation, Consumer Protection Legislations, Police Legislation including new Traffic Legislations etc. Or even the recent economic “recovery to stability” talks with the government before going off to the United Kingdom?

The Oppositions do not have intellectual clarity and political maturity to tell the government that overall security of the country is intrinsically linked with good governance. A party in the opposition, which wants to persuade the electorate that it ought to be in a position of power, has the obligation to be pragmatistic; come up with real alternative policies, ideas and vision if they feel that the Government of Anguilla has a poor dismal record.

Real change is not about electing Parliamentarians to do the jobs of our Permanent Secretaries.

There are various issues on economic, social and other fronts where the Government does not have clarity of policies. Our Oppositions do not have the self-confidence to challenge the government on its all round failures. An opposition party that claims to be mainstream visionaries must not be devoid of new ideas or creative thinking. This is the Oppositions - simply waiting and watching as the government stumble from one mess to another. Sadly enough, they are contented to let the media play their role as Opposition.

It is imperative to realise that the Oppositions have a role and responsibility to steer our nation towards progress. The efficiency of a political party depends upon a healthy and balance mix of personalities and policies. There is no such balance coming from the opposition parties on Anguilla.

This ‘racist’ and ‘personality importance syndrome’ approach have debilitated the opposition parties on Anguilla from evolving an effective and coherent alternative to the ruling AUF’s Government. Though the party itself is battling on the back foot to cover up its failures, it is still the best choice to take Anguilla forward.

There are thousands of Valdez Johnsons on Anguilla. Our nation deserves better from our opposition parties.

From House of Lords to Supreme Court

Are we becoming a little to Americanish?

From 31 July 2009, the judicial function of the House of Lords and its role as the final - and highest - appeal court in the UK will end, bringing about a fundamental change to the work and role of the House of Lords.

A new United Kingdom Supreme Court, separating the judicial function from Parliament (those who make the law from those who interpret it in courts), will open in early October 2009 opposite the Houses of Parliament in Parliament Square - formerly the Middlesex Guildhall.

It will continue the work currently undertaken by the Appellate Committee of the House of Lords. This move will enhance the independence of the Law Lords and increase the transparency between the top levels of the UK judicial system and Parliament.

At the end of July, the Law Lords will sit in the Lords Chamber to hear appeals and give the final House of Lords judgments.

From 27-30 July, the Law Lords will hear appeals in the Lords Chamber.

The final judgments of the House of Lords take place on 30 July from 4.30pm in the Lords Chamber.

You can watch the unique and final judicial proceedings of the House of Lords on ParliamentLive and can view the appeals and judgments from the public gallery of the Lords Chamber.

For further details, please visit the Judicial Business section or contact the judicial office.The current Lords of Appeal in Ordinary (the Law Lords) will be the first justices of the 12-member Supreme Court and are disqualified from sitting or voting in the House of Lords. When they retire from the Supreme Court they can return to the House of Lords as full Members but newly-appointed Justices of the Supreme Court will not have seats in the House of Lords.

Anguilla's delegation returns home today

LONDON, England -- Chief Minister, Osbourne Fleming and Minister of Finance, Victor Banks attended a series of meetings on Tuesday and Wednesday with private institutions and the British government aimed at dealing with shoring up the tourism industry and alleviating the impact of the global economic crisis on Anguilla.

The Anguilla delegation met a number of potential investors over the weekend and on Tuesday with the Chinese Business Network (CBN). An agreement was signed with CBN for tourism promotion of Anguilla in China.

Anguilla is a potential alternate tourist destination for Chinese nationals who are estimated to travel for leisure purposes in numbers of about 50 million in 2010.

One of the objectives of the agreement is for CBN to assist in directing potential Chinese investment to Anguilla.

The Chief Minister also signed a Tax Information Exchange Agreement (TIEA) with the United Kingdom on Tuesday prior to his meeting with the Minister of Overseas Territories, Chris Bryant. This agreement will assist Anguilla in meeting its international obligations, and is critical to the success of Anguilla as an international financial centre.

Fleming indicated to the Minister for The Overseas Territories that the unprecedented global economic down turn has hampered Anguilla’s development tremendously. In particular, the number of low tourist arrivals, the inability of the locally owned tourism projects to access foreign capital, the challenges of the foreign investors and potential real estate buyers to secure financing, and the impact of reduced activity in the construction sector have all resulted in the fall off of several government revenues streams this financial year.

The Government’s Reserves have had to be used throughout this year to meet its commitments to vendors, government agencies, service providers and public servants to name a few.

Anguilla’s Delegation is attempting to secure the agreement of the Foreign and Commonwealth Office to relax the borrowing guidelines, and thereby allow the Government to borrow funds that will create a bridge over this period of uncertainty in the global financial environment. The approval for such a facility is being pursued to enable the Government of Anguilla to implement its financial and economic recovery plan to ensure that Anguilla is able to weather the impacts of the global recession over the next twelve months.

Meetings continued on Wednesday with FCO and other UK government officials on the borrowing guidelines, sea and air transport issues, development of prison infrastructure and services, EDF funding, replacement of the fire truck, as well as to discuss the timetable on constitutional talks and other issues.

On Wednesday, the Minister of Finance was slated to sign two TIEAs with the governments of Ireland and The Netherlands, while the Permanent Secretary of Economic Development and the Permanent Secretary of the Chief Minister’s Office travel to Brussels, Belgium to meet with the European Commission on the release of EC$24 million to Anguilla that will be used for budgetary assistance purposes.

On Wednesday evening the delegation met with the Anguillian community in Slough.

This is it…

There seems to be concurrence on Anguilla among a criminal-coup (Anguilla Bar Association, the Anguilla Financial Services Association and the Anguilla Christian Council Association) on one side; and the government (Attorney General’s Chambers) on the other - with respect to a crime bill aims at tracing, restraining and confiscating the proceeds of crime on Anguilla – The Proceeds of Crime Act 2010.

What was noticeably absented in these crucial decisions or debates was the advice of a crime specialist.

One aspect of this Bill that the Attorney General, Wilhelm Bourne, wilfully or negligently failed to highlight is that with such a self-interest tailored Bill; there is less guarantee for an accent.

This lame duck session has literally incapacitated our government in-essence, resulting a toothless Bill to fight crime on Anguilla; a country riddled with ‘hardcore criminals’. Next will be the long awaited Building Code Bill for Anguilla…

Who is concern for our social and economic security and prosperity - unlike the conveniently concerned church ‘association’, bar ‘association’, and the financial services ‘association’… associations of criminals. Who is concern for those whom lost their properties and love ones through alleged criminal activities with no recourse and ineffective legislation?

Criminal activities on Anguilla are serious business and needed urgent serious attention with proper surveillance and effective legislation resulting answers, convections and imprisonments even retroactively. Noticeably, the crux of criminal activity on Anguilla predated the year 2000; making a statute of limitation protection ineffective.

Murders unanswered to date; human disappearances without a clue; armed theft and burglaries; over-night millionaires while mothers hold their heads and bawl; wide spread fronting blessed with government protections, as they (Frontiers) tightened the noose around our poor people’s heads; fraud and/or ponzi schemes; God’s purse snitchers; racketeering and/or money laundering; finders keepers; the theft of private and crown property - including our cays… etc. etc. etc. Who is concerned?

These criminal associations are the said generational criminals amongst us, savouring the flavours of hereditary ill-gotten gains as they seek protections through legislation. But... the derailed ‘church’ is which hurts most, as it long lost its purpose and became a distant association to God’s principles and will... and God weeps.

Like slavery, the church again continues to ask of us to suffer peacefully. This is the authority that associates a monetary cost on salvation and dictates that, not by the sweat of their brow they should eat bread, but by changing God’s ordained agricultural-tithing to monetary-tithing to satisfy their earthly selfish desires. And as we meekly commit and wait for our blessing - our homes need repairing; we are on a social spiral declined; women prostitute to pay as they go; less hope for the future; the society in turmoil; we are lacking mentors… and the church mutes and being selective.

Suffice to say that only when a ‘Reverent’ is interested in running for politics, he/she fronts the House of God – blasphemy.

A Proceeds of Crime Act is good for the eradication of hidden criminal activities wherever it leads; the cleansing of our tarnished Financial Services Industry (half of our overall industries); and the next generation survival… and this is what the decent and honest hard working people of Anguilla deserve.

If such legislation was emplaced, just perhaps, we might of still have Billy - but then again we still have Corrupt-de-Don…

However, no one is corrupt, since criminal activities are legal on Anguilla.

A United Corruption?

The Proceeds of Crime Act for Anguilla will provides a scheme to trace, restrain and confiscate the proceeds of crime. The new Act also will provide a scheme that allows confiscated funds to be given back to the Anguillian community in an endeavour to prevent and reduce the harmful effects of crime on Anguilla.

Sometimes I'm inclined to believe that many of our people are using the words "love for country" loosely, without taking careful consideration of what these words actually mean, and what their historic characteristics really are. When you study the historic nature; motive; objective; and results of our ‘so-called revolution’, you may want to change those words to their rightful meaning.

To understand our so-called ‘Anguilla professionals’ dissent; you must study their history and the characteristics of the individuals crying fouled. These are the same dodgy ‘all of self’ suspects who have forever benefited from the said ‘proceeds of crime’ (corruption), and the very loopholes from insufficient or ineffective legislation… or none thereof.

A Proceeds of Crime Act is best described as an exposing corruption legislation. On Anguilla this will affect the average accountant; politician; attorney; bank; minister of religion; businessman; civil servant and 'many' who have benefited from the proceeds of crime – directly or indirectly.

Now that our government has decided to take the bull by the horn, these same corrupted elites are busy trying to taint our government as incompetent. And as such - politically - our government is forced not to make competent legislation or lose the next general election.

However, the British Government has rescued Anguilla in 1969; the 1980 Constitution; and they will have to rescue us again with a Proceeds of Crime Act in 2010; regardless to government.

“Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity” – MLK

With the lost of windfall moneys from the Transhipment Scheme and very low taxes, the recovery or confiscation of such proceeds of crime will help enable government to finance specific areas where funding are urgently needed. Example - the government may approve a program for the expenditure, in a particular financial year, of money standing to the credit of the Confiscated Assets Account (CAA). It will be up to the government to use this windfall money wisely.

The government may also approve equitable sharing payments to be made to other jurisdictions in recognition of the effort involved in joint investigations or prosecutions of unlawful activity; and vice versa.

The United Nations Convention Against Corruption obliges States to share profits of crime where assistance in the recovery of those profits contributes to legal enforcement cooperation.

The ball is in our court and the opposing team is us - so play professionally well, being fully aware that we can only outplay ourselves.

We all love Anguilla…

A Proceeds of Crime Act for Anguilla?

An Act (Legislation) critically vital in establishing the power of recovery of assets/property obtained through ‘unlawful conduct’; which must not be confused as simply tricked law specifically targeting Anguillians per se, except those associated in such unlawful conduct or criminal activities - will be a Proceeds of Crime Act, and must be accredited for what it is.

This piece of legislation will provide confiscation orders in relation to ‘persons who benefit from criminal conduct’; and restraint orders to prohibit dealing with such assets/property; allowing the recovery of such assets/property which is or represents assets/property obtained through ‘unlawful conduct’ or which is intended to be used in unlawful conduct.

However, there will never be a flawless piece of legislation or government policy and this is of no exception. Therefore it is crucial that we dissect and understand its significance when concluding our objectives. The result can have us remained black-listed/dodgy; finally destroying reputation and our relationship with the rest of the world, or to comply and be in good standing with. This legislation has no room for watering-down therefore; there is no simultaneous having your cake and eating it.

The main provisions of this legislation create special powers in the recovery of assets/property obtained through unlawful conduct. This will introduce a new power of civil recovery to allow the government to recover – by a civil action in the High Court the proceeds of criminal activity.

The tension here is that civil rules of evidence and procedure apply, meaning that to establish that a crime ("unlawful conduct") has taken place the government needs only prove their case on the balance of probabilities, not on the usual criminal law standard of beyond reasonable doubt.

These would-be introduced powers for the Royal Anguilla Police Force (RAPF) and Her Majesty Customs (HM Customs) are primarily to seize cash they believe is crime related and to secure its forfeiture in a court proceeding. This will enables court to freeze a suspect's assets/property at the start of a criminal investigation.

It allows the court to make statutory assumptions in non-drugs cases, that all of a defendant's assets represent the proceeds of crime. In essence, simply changing the burden of proof.

And yes, legal burden generally shifts under certain circumstances example, where presumptions operate. Other exceptions from the general rule include:

• Common Law: insanity under the M’Naughten rules;
• Express statutory exceptions: an Homicide Act - where diminished responsibility is raised as a defence;
• Prevention of Crime Act – where the accused relies on a defence of lawful authority or reasonable excuse in response to a charge of possession of an offensive weapon;
• A Prevention of Corruption Act – where a gift is given or received by a public official, it will be presumed that the gift was given or received corruptly unless the contrary is proved by the accused;
• And it is implied that by virtue of the Magistrate Court Act, that where the defendant relies for his defence on any exception, exemption, proviso, excuse or qualification, the burden of providing that he falls within that exception, proviso, excuse or qualification shall be on him;
• And then there are the strict liability cases…

These exceptions are illustrative examples only; as research suggests that up to 40% of defences tried in Courts impose a legal burden on the accused; and this piece of legislation is simply another.

But do the benefits outweigh the burdens?

The Proceeds of Crime Act will simplify the requirements for convictions for ‘money laundering’ and ‘frontiers’ (fronting) by removing the requirement to prove what the crime was. It simply has to be proven that the seized money is the proceeds of crime. It will allows investigators to seek court orders requiring financial institutions and banks to identify all accounts of people ‘under investigation’ and provide transactional information on suspect accounts for a ‘specified period’.

It places greater obligation on the financial sector to disclose suspicious transactions and places an onus on any professional working in regulated industries to immediately report to the regulation authorities any suspicion they have that anyone they talk to may have committed a criminal offence.

It allows the government to precribe the form and manner in which these disclosures are made therefore expanding the law on money laundering to cover any crime rather than just drug-related offences, in essence, targeting all proceeds of any criminal conduct that would be an offence in Anguilla.

This will provide wide-ranging powers by authorities to deprive these criminals of their main motivation – their money and the property they have accumulated through their illegal activities.

The legislation will introduce overall surveillance/policing or a negligence test, meaning a professional working in a sector regulated by money laundering regulations (such as banks and other financial institutions) can commit a criminal offence for failing to report money laundering if there are ‘reasonable grounds for knowing or suspecting’ that it is taking place. Failure to report will result in imprisonment.

However, there is a defence to these offences in certain circumstances, primarily authorised disclosure, which creates a consent regime where an individual or business reports any suspicious transaction and waits for specific consent before completing the transaction.

So… like every law, there goes the loophole.

These new offences have caused outrage in the professional community, with attorneys arguing that the legislation would force them to breach professional privilege and act against the interests of their own clients. They argued that the act is too broadly drafted that professionals, fearful of prosecution, would send law agencies a flow of useless reports relating to trivial breaches of the law.

So-called civil rights enthusiasts argued that this legislation will run the risk of undermining key criminal procedural protections and lacked sufficient safeguards example, in relation to the civil recovery orders, that it is wrong to give the state a power to opt for extensive confiscation of defendants' assets in circumstances where it does not have sufficient evidence to prosecute them in the criminal courts and is an unacceptable blurring of the civil and criminal law.

They further argued that although the action for civil recovery is not classed as criminal, and indeed is intended to circumvent the criminal process… its punitive nature means that, as a matter of principle, criminal type safeguards are warranted.

Now, we know that our populace is generally law-abiding and uncorrupted and will never get involved in any such unlawful conducts… ‘never have and never will’.

Are you aware of anyone involved in Racketeering; Money Laundering; ‘Fronting’; professionals knowingly - presently or previously - doing work for clienteles involved in any such unlawful conduct; Government ministers, Heads of Departments or Civil Servants receiving unlawful underhand payouts; God’s Purse-snitchers (church corruption); fishermen benefiting from surprise catches believe to be proceeds of crime waiting for a pickup on the open seas; business fake intakes and banking inconsistencies etc…let the authorities know and they can act under this propose legislation when accent.

Is Corrupt-de-Don corruption free enough to be tasked as our Corruption Tsar; fully well aware of his-story? While he remains quiet on such pertinent issues; Ms. Lolita Davis-Richardson and the ‘rest’ suspects continue to embarrass themselves.

As there will never be a perfect piece of legislation, my pledge is that if we care about Anguilla, we must support our government on this one. A Proceeds of Crime Act is good for the eradication of hidden criminal activities, the cleansing of our tarnished Financial Services Industry (half of our overall industries), and the next generation survival.

We must all work together for the success of Anguilla on a whole or we all will perish together as fools.

Let us stop being tribal with our trivial ‘Politricking’ and all hands on the Plough for the best interest of Anguilla.

We must be careful not to throw out the baby with the bathwater.

Youths march Wednesday to educate others on June 10th 1967 coup attempt

BASSETERRE, ST. KITTS, JUNE 9TH 2009 (CUOPM) – The failed attempt by the People’s Action Movement (PAM) to overthrow the lawfully-elected government of Premier the Hon. Robert L. Bradshaw on June 10th 1967 will be observed here Wednesday.

Young Labour – the youth arm of the governing St. Kitts-Nevis Labour Party announced Tuesday, it will stage a march through Basseterre on Wednesday 10th June - 42 years to the day.

“We will march under the theme: “Faces Change: Philosophies Remain,” said Keisha Archibald in a press release.

“It is mainly to educate the young people of St. Kitts and Nevis and to bring to their attention the involvement of the People’s Action Movement to seize power by the bullet instead of the ballot,” said Archibald.

“The Youths of the Labour Party view it as our duty to alert our young people and others who were not around at the time, to this dark episode in our political history. We believe strongly that although there are new faces in the People’s Action Movement today the philosophy of the PAM party in introducing violence into our political system remains the same,” said Archibald in the statement.

The March will move off from in front of Masses House at 4:15 P.m. on Wednesday 10th June and travel down Church Street into the Bay Road via College Street, up Fort Street, turn west into Cayon Street and return to Masses House.

Members of the public can join the march and are asked to wear black T- shirts or top.

The Youth Arm said the June 10th 1967 event has been the subject of discussion among young people on Facebook and Hi5.

The June 10th event has been documented by Anguillian authors Nat Hodge and Colville Petty. In their books and other written articles on the Anguilla Revolution they wrote that the attempt to overthrow Bradshaw on June 10th 1967, was the brainchild of Ronald Webster and a prominent Kittitian politician, Political Leader of the People’s Action Movement, Dr. William V. Herbert Jr.

According to their publication: “It (June 10th 1967) had two principal objectives which were interrelated: Firstly, the defence of the Anguilla Revolution. Secondly, the overthrow of Robert Bradshaw’s government and its replacement by one sympathetic to Anguilla’s cause.

Ronald Webster, leader of the Anguilla Revolution, was fearful of an invasion from St. Kitts and reasoned that the best way of preventing it was to attack St Kitts before St Kitts attacked Anguilla. On the other hand, the sole objective of the prominent Kittitian politician was the removal of Premier Bradshaw. To this end, he thought it expedient to use the ‘armed might’ and revolutionary fervour of the Anguillian people to assist him. It was not difficult for him and Webster to join forces because both of them had goals, which, they envisaged, could be accomplished by defeating their common enemy: Bradshaw.

Detailed plans for the attack were worked out in Anguilla, St Kitts and St Thomas, Virgin Islands. They were fine tuned in Anguilla. To quote Clarence Rogers: “[The prominent Kittitian politician] discussed the details . . . with me again in Anguilla around 7th June. He came by mother's house, in East End, between 6:30 pm and 7:00 pm, where he sat on her bed and drew a plan showing where the men should land and the places to attack.”

Whilst in Anguilla, the prominent Kittitian politician also discussed the plans with Joshua Gumbs who claimed: “At about 10 o'clock one morning in early June 1967 [he] passed by Lewis Haskins machine shop, in Corito, where I was doing repair work on some engines and asked me to captain the boat which was to take the men to carry out the attack on St Kitts.” Joshua declined. In his words: “I said Doc, I am very sorry. What we did, we did it [the Revolution] for Anguilla. If the Kittitians want the Government out they must do it themselves. I am sure that the Kittitians wouldn't want us up there to shed their blood.”

The plans included capturing Bradshaw and his deputy, Paul Southwell, and taking them to Anguilla; the announcement by Ruby Gumbs, over radio station ZIZ in St Kitts, that the new Premier was the prominent Kittitian politician; the demolition of the Defence Force Camp; the capture of the Police Headquarters; the destruction of the Power Station; the blowing up of the fuel depot and the capture of the Revenue Cutter used by the Police.

As part of their preparations for the attack, several of our men underwent shooting exercises at Junks Hole Bay. United States mercenaries conducted the exercises. According to Ruby Gumbs the prominent Kittitian politician remarked: “If the boys continued to shoot the way they were doing at Junks Hole, with the help of the PAMites in St. Kitts, they can overthrow the Government in St. Kitts.”

The June 10th 1967 event was recently mentioned by prominent Kittitian historian, Sir Probyn Inniss.

He said that despite the armed attack to overthrow the lawfully elected government of then Premier Robert Bradshaw, the St. Kitts-Nevis-Anguilla leader remained strong and resolute.

“I was in awe of the physical and moral courage of this gentleman (Bradshaw). Both his moral and physical courage were tested sorely in the wake of 10th June, 1967. Because when details of the plot were revealed, it turned out that he (Bradshaw) was, to be humiliated, put on trial and eventually killed,” Sir Probyn told a packed congregation at the annual Requiem Mass held in the St. Paul’s Anglican Church to pay tribute to late stalwarts of the Labour Movement.

Sir Probyn, Senior Partner in the Law Firm, Inniss and Inniss, proffered that a crisis of this magnitude would have destroyed a lesser man.

“Nevertheless, Mr. Bradshaw remained strong and resolute. It is the measure of the man that he was able to put all of these traumatic events behind him and chart a course towards Unity in the society,” said Sir Probyn, a former Governor of the State, who served as Permanent Secretary, Crown Counsel and Teacher.

Choose your friends wisely

It's been said that the company he keeps knows a man. That adage has been used by mothers for as long as there have been teenagers – to help them learn discernment when choosing their friends.

Most of us can recall a time when our parents warned us to ‘choose your friends wisely.’ Suffice it to say, they were referring to the way in which others would judge us in accordance to our friends, as well as the influence our friends would have upon us.

Well, nothing could be more indicative of this sort of relationship than the one formed between Ian Donaldson Mitchell, Harry Wiggins, Palmovan Webster and the Anguilla Progressive Party- (APP) - Anguilla Pimps & Prostitutes.

Whether the APP wants this their endorsement or not, they have gotten it.

Certainly many in the APP will be quick to distant the correlation between them and their associations, and that they did not solicit their support… all but a joke really.

But we flock all the birds of one feather together… the flock that never had the interest of Anguilla at heart.

A vote for Ms. Palmovan Webster is a vote for Harry Wiggins and Ian Donaldson Mitchell.

But again… perhaps it is unfair to suggest that the association is synonymous… but it seems to me that the mere fact that those Vermin wish to endorse the APP is indicative.