Injunction could stall UBP/BDA merger
A handful of UBP members yesterday obtained a temporary court injunction that could potentially stall their party's planned merger with the BDA.The writ which led to the injunction was filed earlier in the day by Opposition leader Kim Swan, UBP MP Charlie Swan, UBP candidate Devrae Noel-Simmons and joint party chairman Montell Currin.It named UBP Senator Jeanne Atherden and MPs Trevor Moniz and John Barritt as respondents.The Royal Gazette understands the three had 24 hours to respond to the writ, issued by Puisne Judge Ian Kawaley at approximately 12.30pm yesterday.It came about after the United Bermuda Party's central committee members voted to dissolve the 47-year-old institution and merge with the Bermuda Democratic Alliance.The new party, to be called One Bermuda Alliance, was to have its official debut on Thursday a day before the House of Assembly resumes.Attorney Graveney Bannister represented those against the move in a Commercial Court hearing yesterday.He said they wanted to put forward a constitutional challenge over how the UBP was to be dissolved and how the merger was to be carried out.Mr Moniz said he had not been served any paperwork on the matter by press time last night.Mr Barritt was off the Island and unavailable for comment.Mrs Atherden did not return calls for comment.The BDA formed in 2009 after MPs Shawn Crockwell, Mark Pettingill and Donte Hunt quit the UBP.The UBP's central committee last week voted 68 to 14 to join forces with the BDA, after months of deliberation and negotiations.Mr Swan had appealed for a temporary postponement of the vote during that meeting but the delay was voted down, 63 to 19. Mr Barritt is expected to be the new party's interim head until a leader is elected.Yesterday, Mr Bannister told Mr Justice Kawaley that the voting at the meeting was “fundamentally flawed”.“There was no electoral role, so no one knew who was in and who was out,” Mr Bannister said.He said that, based on his instructions, there should have been consultation between the central council and the various branches to make sure that decisions are made with the backing of party members.That did not happen in this case, he said. “It leads one to speculate whether or not this decision was representative of the general membership,” Mr Bannister said.None of the three listed respondents attended the appearance. Mr Justice Kawaley said they would have 24 hours to respond and granted an interim injunction.“I'm satisfied that there is a serious issue to be tried,” he said.Said Mr Moniz yesterday afternoon: “The media is saying I have 24 hours to respond, but I have not received anything. I've been in my office all day, and I've received nothing.”BDA Chairman Michael Fahy described the matter “an internal UBP issue”.He said: “I applaud those members who are putting aside party loyalty to put Bermuda first.“The condition of Bermuda right now requires that we do that.”Last night Mr Swan issued a statement which said: "There are members within the United Bermuda Party who believe its future lies with an amalgamation of the Bermuda Democratic Alliance and the United Bermuda Party."For a political party, especially one whose Members of Parliament proudly represent more than 40% of the electorate, there can be no decision as serious as one taken to dissolve it."This is a decision that affects thousands of voters, generations of Bermudians, and the hopes and aspirations of many, many young people."As I walked around the country last week, several members approached me, angry that they were not given a chance to speak on such a critical issue."It can therefore be no surprise that I and a very committed group of UBP members, decided to do all that we could to ensure that if our Party was to be dissolved, as many people as possible discussed, debated, and decided to do so."I would like to add that the Group that I speak of includes: Approved Candidates, Executive Members of the UBP, Members of Parliament, and three former Chairmen."It was only after all of our conciliatory approaches were rejected that today, I and the group applied for and secured an injunction preventing the dissolution of the United Bermuda Party."Without going into the legalities, our arguments were based on the fact that there is a clear procedure within our Branches for all of our members’ opinions to be heard and followed when dealing with issues such as this and all of our members were not given any real opportunity to have a proper discussion of this critically important issue."Regrettably, instead of being true to its legacy of transparency and openness, those that wanted to merge with the BDA have not gone beyond the safe enclaves and excluded the wider public."That narrow approach can cause persons to look suspiciously and give the appearance to conspiracy and deception theories, which have no place in modern politics or Bermuda in 2011."Consequently, we went to Court on the basis of principles and justice."
Former UBP MP Allan Marshall yesterday defended the UBP's decision to disband following criticism by Shadow Transport Minister Charlie Swan.
Mr Marshall called Mr Swan a good citizen and a friend, but refuted claims by the MP that there was not enough consultation with the party's branches.
He said Mr Swan was aware that Central Council, representing delegates from all the Party's branches, would make the final decision regarding the merger. “Charlie's own branch would have and should have been actively discussing and debating the merger among themselves as well as party members within the constituencies,” Mr Marshall wrote.
“For Charlie to write and suggest that insufficient consultation was held within his branch and its members merely points the finger directly back at him for not doing enough canvassing of the issue with his branch members.”
Last week, UBP members voted 68 to 14 in favour of disbanding and joining with the Bermuda Democratic Alliance to form a new party, the One Bermuda Alliance (OBA).
Mr Swan said he was unhappy how the formation of the new party took place, saying it was done without consultation with party members and voters. “To the best of my knowledge, at no time during these merger negotiations have either paid-up, non paid-up or other supporters of myself and or the UBP, nor any other constituent in my or other areas, been organised an opportunity to express their views on the UBP closure,” he said.
“The negotiations should have allowed for, and included, this provision. I do have a little trouble with that.”
Mr Swan was listed with several other UBP figures, including Opposition Leader Kim Swan, in a writ filed yesterday making a procedural challenge against the dissolution of the party.
In a letter to The Royal Gazette, Mr Marshall said that those who are complaining about the disbanding have not “parked their collective egos at the door.”
“In my opinion, this old style top down approach is a thing from the past that the OBA does not embrace,” he wrote. “In my opinion Bermuda is headed for a brighter and promising future with the formation of the OBA, and I hope Charlie decides the same, because he does have something to offer.”
