The electoral system of government inherited from our colonial masters has created an environment in which politicians, political parties, and their radical fringe supporters ravage and cannibalize anyone who dare enter the political arena. These days the political arenas in the Caribbean, particularly in Antigua and Barbuda, has a certain savagery to it. But some call it freedom; freedom of expression. However, the ambit and scope of that freedom depends on whether or not you are in government or the opposition.
In Antigua and Barbuda those who were anti government and/ or formed and supported the opposition political parties enjoyed a certain licence to defame and destroy that exceeded even the widest dreams of our forefathers who fought for our Constitutions and independence. So destructive and excessive was the licence that fact, fiction, and down right lies became merged into dogma and mantra latched on too by supporters and some segments of the international press as the “gospel” truth. Some individuals particularly Asot Michael suffered greatly at the creation of “fact” and the “factualization” of myth and fiction; all in the name of expression and politics.
However, now in government the previously enjoyed “freedom” has become criminal if not terrorist behaviour to be punished by the criminal law. Men who once frolicked with a videotape recording of the most baseless and salacious allegations merely to destroy reputations now want to punish those who speak against them. A hypocritical volte face of the highest order!
Asot Michael is the grandson of the late Asot Michael, a man of Lebanese descent who was one of the great leaders in Antigua’s commercial and economic life. The contributions made by the late Asot Michael and the rest of the Michael family over the last 60 years are deeply carved in the annals of Antigua’s history. The brothers of the late Asot Michael were pioneers in the development of cultural events like carnival and organizations like the Lions Club and Jaycees. And their contribution to employment and the commercial life of Antigua still stands out in the streets of St.John’s. They were also involved in the socio-political life of Antigua and Barbuda, not by serving in any governmental position, but by assisting meaningfully and in a very philanthropic manner in the social and economic transformation of Antigua and Barbuda.
So deeply embedded were their contributions that the very same Leonard Tim Hector wrote:
“Mitchell Michael and Asot Michael, arguably two of the finest businessmen of their time, and firmly nationalist too, showed a willingness to rise from old mercantilist trader to new industrialist. Mitchell Michael was to build first the housing estate and locally owned hotel, while Asot Michael, the elder, had shares in Bryson and Beach Hotel.”
And in relation to Maurice J. Michael Leonard Tim Hector wrote the following words in The Outlet Newspaper published on the 31st January 1986:
“ The hallmark of his life was that he understood the social uses of money. Money, for Maurice J. Michael, was not only to be made and accumulated. It was, to put it simply, to be used for social good. In this respect he is an enduring and immortal example. No tribute to Maurice can recount his numerous acts of social good from which he himself lead no benefit to derive…
….Maurice Michael, in his life received no national honour. However, this nation has produced few more notable citizens, few more noteworthy patriots and they know it. It remains fact unquestionable though, that he achieved the highest honour this country can bestow. In that Maurice Jerome Michael was held, and will be held in the highest regard, by citizens great and small, not for his generosity of spirit alone, but because of how he lived and what he did in that life recently ended. He was the citizen’s citizen.”
Asot’s father’s too made an outstanding contribution. He was an essential pillar of strength for the Antigua Labour Party during its darkest years in the 1970s. He was prepared at a moment’s notice to sacrifice his business to ensure the survival of the Party.
The son and grandson Asot was not prepared to limit his contribution to the commercial and economic life of Antigua and Barbuda. A man of the people from day one he took the one bold step that none of his family was brave enough to take in the years before. He entered the political arena first by his open support of the Antigua Labour Party, and when later he accepted the position of Chief of Staff in the Office of Prime Minister, appointment as Senator, and later Junior Minister in the Ministry of Finance. Once he took that first bold and fateful step the gloves came flying off and the scavenging of his reputation began. Some of the false allegations are reflected in some local and international newspapers.
The Allegations concerning Hurricane Luis Supplies
Take for example, the allegations surrounding the supply of hurricane relief levied against Asot Michael following Hurricane Luis. In 1995 Asot Michael was not a member of the Government of Antigua and Barbuda. He was a private citizen and businessman. Hurricane Luis devastated Antigua and Barbuda. Government was not fully functional and commercial life was seriously disrupted by the destruction. There was great and urgent need for the swift importation of relief and supplies. Time was of the essence. There simply was no time for the Government to raise the necessary funds or invoke the procedures for tenders under the law. The Government turned to Asot Michael for help. Asot used his and his family’s assets to secure a line of credit at a commercial bank to purchase the material from suppliers in the United States of America, and imported 3.5 million East Caribbean dollars worth of supplies to Antigua and Barbuda for the Government of Antigua and Barbuda.
Asot’s act of good faith triggered a number of baseless allegations, which were fuelled in large measure by the late Leonard Tim Hector[1] and the Outlet newspaper. The allegations were that Asot Michael exploited the difficult circumstances caused by Hurricane Luis and made $1.000.000,00 ECD profit in an alleged “relief scam” by inflating prices. All of the allegations were false. Leonard Tim Hector had relied on a payment of $2.500.000,00 ECD in the 1996 Estimates as the basis for the allegation of the $1.000.000,00 ECD profit. But the payment reflected in the 1996 Estimates was the first and not final payment. The balance due Asot Michael was paid by the Accountant General one or two years later. Further, it was the Director of Public Works in the Ministry of Public Works Mr. Lewis who prepared the lists of the materials and supplies required by the Government, not Asot Michael. There was no inflation of prices, and Asot Michael made a mark up of approximately 10% well below the normal commercial rates, and not the ridiculously high figure of $1.000.000,00 ECD advanced in the public domain.
Another equally baseless allegation was that no accounting had taken place of the materials and supplies imported and delivered to the Government. All of the material and supplies were checked by the Stores Manager at the Public Works Ministry and signed off by the Director of Public Works. Also, a Special Committee headed by Mr. Hugh Pigott acknowledged receipt of the material and supplies for distribution.
Michaels Mount
Asot Michael or his immediate family never owned Michael’s Mount. The estate of the Late Maurice Michael owned it. The original Michael’s Mount was built as a Carnival Bowl in 1959 and later a top class hotel and casino were constructed. Michael’s Mount was and is the most prime land in the City of St. Johns and its environs and sat on about 10 acres of land. The late V.C. Bird, the former Chief Minister, Premier, and Prime Minister of Antigua and Barbuda, always felt that Michael’s Mount ought to be owned by the Crown. As far as he was concerned, such a “crown jewel” should not remain in private hands. Accordingly, the late V.C. Bird began discussions with the representatives of the estate of the Late Maurice Michael as early as 1989 with a view to the purchase of Michael’s Mount. At that time, Asot Michael was a student at Barry University in Miami, Florida.
In 1994 the Government of Antigua and Barbuda led by Lester B Bird concluded the purchase of Michael’s Mount for an intended hotel training school and a center for cultural and tourist activities. Michael’s Mount was valued by two independent professional civil engineers and land appraisal persons namely Mr. J.A.W. Griffith, M.I.C.E. and Lewis Simon & Partners. The Government paid about $30.00 ECD a square foot for Michael’s Mount including reinforced concrete buildings and land. Less valuable and vacant lands adjacent to Michael’s Mount are now being sold for $40.00 ECD a square foot. The Minister of Finance was intricately involved and raised the money by resolution under the Finance and Audit Act. The suggestion that a separate Act of Parliament was required is wrong. At all material times the Minister of Finance involved was the Honourable Molwyn Joseph.
Again, Asot Michael was nowhere in the picture. He was not part of the Government and played no role in the negotiations or purchase. He was at the material times at University College of London as a first year law student. Some time later, the Prime Minister and Government decided to use Michael’s Mount as the site for the new state of the art medical facility. Construction of the medical faculty began and recently the Baldwin Spencer led Government announced that finances were secured to complete construction of the facility.
Monique Barua
The calculated onslaught continued after Asot Michael joined the Government of Antigua and Barbuda. Allegations emanating from the politically engineered tape recording of a series of lies made by one Monique Barua formed another platform for unfounded allegations against Asot Michael. Barua was 13 years of age and the allegations concerned sex and drug trafficking. On their face, the allegations made no sense and appeared distinctively concocted except perhaps to a politically depraved mind. Mr. Colin Warburton was appointed by the Attorney General to conduct an investigation. Mr.Warburton was a former senior officer of the Metropolitan Police Force in the United Kingdom and Senior Investigating Officer at the Office of National Drug and Money Laundering Control Policy. He was given the fullest authority to conduct the investigations.
The investigations conducted into the allegations by Colin Warburton from the United Kingdom, and also by the Attorneys at Law for Mr. Asot Michael and then Prime Minister Mr. Lester B Bird, showed that the allegations made against them by the said Monique Barua were totally and absolutely baseless and false. Some of the relevant facts discovered are that the entire affair appeared to have been engineered by Winston Derrick[2], a bitter political foe of Mr. Michael. Employees of Observer who had absolutely no knowledge of the allegations conducted the recording at Winston Derrick’s request. From all appearances they went through the charade of a “deposition.” No adult or person in authority was present during the “interview.” Barua spent a great deal of time with Winston and Fergie Derrick. After the recording was done, Winston Derrick rented or owned a house in which the minor stayed without adult supervision for several months. Winston Derrick made several copies of the tape notwithstanding a commitment to his employees not to do so. And, he paid for airline tickets for Barua and her male adult companion to leave Antigua and Barbuda.
The investigations conducted by Mr. Colin Warburton were very extensive. Several persons including Lester B Bird and Asot Michael were interviewed under caution. Bank statements and phone records were obtained and reviewed by Mr. Colin Warburton. A number of regional enforcement agencies including officers of the United States Embassy and DEA were contacted for information. The information received particularly from the United States Embassy and DEA established that the allegation made by Barua that the United States government was investigating Mr. Bird was false. Most if not all of the persons mentioned by Barua on the tape recording were interviewed and gave dramatically different accounts of the facts. The only persons who refused to cooperate were those involved such as Winston Derrick or others who sought to profit politically from the allegations. It was also discovered that Barua had a history of running away from home and making similar allegations against other persons such as a teacher in Guyana. Notwithstanding the great political uproar not one single person ever came forward to state that they ever saw Monique Barua anywhere with Asot Michael or Lester B Bird.
In short, there was not a shred of evidence capable, even remotely, of showing that the allegations against Lester B Bird or Asot Michael were true. A comprehensive report of the evidence and findings with dozens of exhibits and transcripts of the several interviews (about 3 or more volumes) was prepared and submitted to the Attorney General by Mr. Colin Warburton. Copies can surely be obtained from the Office of the Attorney General or the exhibits filed on behalf of the former Prime Minister in the High Court on payment of the relevant fees. The report is extensive and Mr. Warburton disclosed several findings. At page 42 of his Report, Mr. Colin Warburton recommended, amongst others, that “no further action is deemed necessary with regard to any of the allegations made against Asot Michael.”
Additionally, the Government of Antigua and Barbuda requested assistance from a number of foreign governments including the British. All of the Governments declined to provide assistance on the basis that they saw no merit in the allegations. On the 26th July 2002 the Charge d’Affairs of the United States Embassy in Bridgetown, Barbados wrote Mr. Colin Warburton and informed him that “The Department of State has conducted an internal investigation regarding the comments. Barua made on video tape and has found that there is no substance to her allegations.” And by letter dated July 23rd 2002 the DEA Attaché at the Embassy wrote
“ The Drug Enforcement Administration is not and has not initiated any investigation on Prime Minister Lester Bird, of St.Johns, Antigua. DEA has not made inquiries into the public or private life of Prime Minister Bird or his finances as well. In addition the Drug Enforcement Administration has not linked any known drug traffickers or drug trafficking organizations from the Caribbean as well North and South America to Prime Minister Bird.”
Monique Barua was persuaded to file a civil case against Lester B Bird in which the allegations were repeated. A legal opinion was obtained from eminent Queens Counsel from London England who expressed the view that the case had no merit. The case was vigorously defended, and after sustained opposition and preemptive applications by Mr. Lester B Bird’s Attorneys At Law in Court Barua’s lawyers were eventually obliged, on the eve of trial, to withdraw the case against him. Requests for further information and particulars were requested but no relevant information or particulars were supplied. And, no witness gave any witness statement was capable of establishing, supported or corroborated any of the allegations made against Mr. Michael or Bird by Monique Barua. In fact Monique Barua herself did not submit a witness statement. What her lawyers did in order to avoid embarrassment was file a full transcript of her allegations recorded on the videotape. No case was ever filed against Asot Michael. Simply put the case was exposed as a fraud! However, the defamation cases against the Derricks and Mr. Baldwin Spencer and other members of the United Progressive Party filed by Mr. Bird are still pending. The Defences filed show that the Derricks and Mr. Spencer have no reasonable prospect of defending the cases at trial.
The Medical Benefits and Allegations of Fraud
A Commission of Inquiry was appointed by the Governor General on the advice of the Prime Minister Lester B Bird to inquire into allegations of wrongdoing at the Medical Benefits Scheme. The inquiry lasted several months and its proceedings were open to the public and broadcast live on radio. The well-respected Caribbean Economist Sir Alistair Mc Intyre headed the Commission. Counsel to the Commission of Inquiry was Mr. J. Cheltenham, Q.C. from Barbados. The Commission permitted Counsel to represent a number of Non Governmental Organizations. The Report of the Commission of Inquiry speaks for itself and findings were made against a number of individuals including two former Ministers of Government. But what is critical is that there was absolutely no evidence against or implicating or finding against either Lester B Bird or Asot Michael. Asot Michael was never summoned or subpoenaed to give evidence by the Commission and no findings were made against him. It should also be pointed out that Lester B Bird was not summoned or subpoenaed to give evidence and no findings were made against him. The findings were limited to officers of the Medical Benefits Scheme and former Ministers of Health. Asot Michael never held the office of Minister of Health.
Asot Michael and The Medical Benefits Scheme
Prior to the Commission of Inquiry attempts were made to stigmatize Asot Michael with improper conduct in relation to a payment to him of part of the cost of the gastric bypass surgery undergone by him. The facts are that Asot’s surgery was not cosmetic. He was instructed by his doctors to have gastric bypass surgery as a matter of life or death. His weight was escalating (near 360 pounds) and his health was seriously at risk. In addition Asot Michael never requested payment or assistance from the Government or Medical Benefits Scheme. Members of the Cabinet decided, while he was still in intensive care at the hospital in New York fighting for his life, that the Medical Benefits Scheme should make a $20.000,00 USD contribution to the total cost of the surgery, which exceeded USD $ 100.000,00. The Cabinet of Antigua and Barbuda made that decision in accordance with the long outstanding practice of contributions by the Medical Benefits Scheme to medical expenses incurred by Ministers of Government. Investigators and Counsel to the Commission of Inquiry reviewed the payment and as indicated above Asot Michael was never summoned or subpoenaed to give evidence and no findings were made against him. That is significant because the Commission was under constant public scrutiny, and a number of Attorneys at Law representing persons and groups hostile to the then Government were always present. As a result, there can be and was no bona fides accusation of bias or favouritism. The clear and obvious inference is that the Commission of Inquiry found no misconduct on the part of Asot Michael or illegality or unlawfulness in the payment made to him. The Chairman who said in his concluding remarks that there was absolutely no reason to drag Asot Michael through the Commission of Inquiry save to satisfy the appetites of those bent on causing mischief confirmed this.
The Apology and Compensation from the BBC
Sometime after the Commission of Inquiry the British Broadcasting Corporation (hereinafter “the BBC”) published a report on the 5th and 6th July 2002 in which it accused the then Prime Minister Mr. Lester B Bird of fraud in relation to the Medical Benefits Scheme, involvement in drug trafficking, gun running, and Monique Barua. Solicitors in the United Kingdom acting for Mr. Bird Messers Charles Russell & Co instituted proceedings for defamation against the BBC. The proceedings are numbered HQ02X02696 in the Supreme Court of England and Wales. After negotiations with Mr. Bird’s Solicitors the BBC agreed to issue, and issued, a public apology and paid approximately PDS 50.000,00 (sterling) in compensation to Mr. Bird plus legal costs. The terms of the settlement are contained in an Order dated 31st Day of October 2002. The apology was broadcast in a 7.00am news bulletin broadcast on Radio 4 Today programme on in a news bulletin broadcast between 12.00 noon and approximately 1.00pm GMT in the BBC World Service News hour radio receivable in Antigua & Barbuda, Anguilla, the Bahamas, Barbados, the BVI, Dominica, Grenada, Jamaica, Monsterrat, St.Kitts & Nevis, Sty. Lucia, Trinidad & Tobago.
Additionally, in a Statement In Court the BBC admitted and accepted the following:
“ …the Inquiry did not find that Mr. Bird has misappropriated any sums from his country’s health care system, whether to spend on parties, presents or foreign trips for friends or colleagues or anything else. Nor did the Commission of Inquiry make any finding that he was guilty of any such conduct. Indeed, no allegation to this or any similar effect was made in the course of that Inquiry’s investigations.
The BBC also withdraws its statement that Mr. Bird has been involved in gun-running or drug trafficking. Contrary to what was said on the Today programme the British or American authorities have never accused him of being involved in such activities.
…..the BBC does now recognize these reports were inaccurate and so conveyed a misleading impression of the Commission’s findings and the conduct of Mr. Bird. The BBC is therefore here today by its Solicitors to apologize publicly to Mr. Bird.”
The apology broadcast by the BBC was in the following terms:
“ The BBC has apologized in Open Court to the Prime Minister of Antigua and Barbuda, Mr. Lester Bird, over reports carried in early July concerning a Commission of Inquiry which subsequently found that allegations of serious malpractice in relation to the Country’s health fund were substantiated. The BBC reports that the Commission had found that Mr. Bird had spent more than 200 million dollars from the country’s health fund on parties, presents, and foreign trips and cosmetic surgery for friends and colleagues. The reports also inaccurately stated that Mr. Bird had previously survived allegations of gun-running or drug trafficking. The BBC has agreed to pay Mr. Bird damages and legal costs.
In fact, no allegations were made in the course of the Inquiry’s investigations against Mr. Bird. The Commission made no findings against him and he did not feature personally in the Inquiry.”
The Allegations of Missing Files
Allegations persist that Asot Michael unlawfully removed State or official files from the Office of Prime Minister prior to the General election. What are the facts? On learning of the accusation Asot Michael wrote the newly elected Prime Minister two[3] letters on the 26th March 2004. Asot Michael expressed his concern at the feeding frenzy taking place over the allegation that he and others had removed documents and files from the Office of Prime Minister. Asot went on to inform the Honourable Prime Minister he had removed his personal files and that if the Government wanted possession of the files he would make them available to the Government.
At about 4.35 pm on the 26th March officers of the Royal Antigua Police Force came to the residence of Asot Michael. Asot’s Attorney at Law Mr. John Fuller informed them that there was no need to execute the search warrant, as they were free to inspect the documents. The documents were catalogued on the premises and taken possession of by the Police. Since that visit the Attorney General appointed a second investigative team. Two (2) reports on the alleged missing files have been submitted to the Attorney General and Director of Public Prosecutions. Two Director of Public Prosecutions have stated publicly that the reports into the alleged missing files do not contain any sufficient evidence to warrant a charge or arrest.
In addition, there has been no suggestion that any of the files taken from Asot Michael’s residence by the Police contained any of the alleged missing files or documents and none were identified in any of the two (2) reports presented to the Attorney General and Director of Public Prosecutions. Added to all of the above, the Permanent Secretary in the Office of Prime Minister Mrs. Agnes James stated in her interview with investigators that government files were kept in the Registry in the Office of Prime Minister and that none of the files are missing. Following her interview, Mrs. James left office.
Further, the removal of personal files is not unusual. It has always been the practice in the Caribbean that Ministers of Government clear their desks of their personal effects and belongings prior to a General Election.
Investigations and Court Proceedings in Bermuda
A great deal has been said about the proceedings instituted in Bermuda by Asot Michael. But what is any person to do is the rule of law and his rights are violated or being violated? There is no question in Asot Michael’s mind, supported by overwhelming facts, that the current investigations into him and others by the present Government are politically motivated. The public statements made by high Government officials suggest a premeditated frontal attack on the rule of law and independence of the Royal Antigua Police Force and Director of Public Prosecutions[4]. To date, no substantive appointment to the office of Director of Public Prosecutions has been made, and the two Directors who expressed the view that to date no evidence has been disclosed, which warrants a charge or arrest, have been frontally attacked and ridiculed in the public media. The first Director of Public Prosecutions resigned in the face of a monumental public onslaught on his Office participated in by senior members of the Government. Stripped of all dressings, Asot Michael faces “a political witch hunt.” Further, there is evidence that relevant legislation and Treaties were not complied with. In such charged circumstances, no man worthy of his salt will rollover and play dead!
The Media
Some context must be noted. The media[5] in Antigua is highly partisan and political. Truth is not something that sets them free. There is with the exception of the Antigua Sun newspaper no “independent” media in Antigua and Barbuda. There is on the one hand the State owned ABS radio and television station, and on the other the Observer radio and newspaper and Crusader radio. Observer is owned by the Derricks, and Crusader by the United Progressive Party. Greville Radio, a company owned by the Bird family, owns ZDK and Sun FM. The ACLM and Leonard Tim Hector operated the Outlet. The Outlet[6], Observer Group, and in later years Crusader embarked on a relentless campaign of misinformation. Reputations were torn apart on a weekly basis. Unfortunately, certain sectors of the foreign media like the Miami Herald and the BBC report mentioned earlier fed off that misinformation and disseminated it as fact! Responsible journalism was thrown out the window in the expectation of sensationalism, profit, or to score cheap political points.
What were the options? In the Caribbean a public reply works sometimes, but in most cases a reply created the platform for further escalation. “Talk radio” had become a deadly virus eating away at the heart and soul of our democratic institutions and respect for the rights and reputations of others. When a debate is prolonged politically whether in self-defence or otherwise, partisan hosts of the “talk shows” and activist supporters ensured that belief or acceptance of “the truth” was premised almost entirely along partisan grounds. So increasingly, politicians resorted to the High Court for redress. But that did not work. By the time a trial date is set or cases heard, “talk radio” and the public debate had fully prostituted the truth and facts, ripping reputations to shreds. Classic examples are the defamation cases by Lester B Bird, which have not been heard by the Court although filed years ago. Once lost a reputation, like virginity, can never be regained, not even in the face of a public apology or compensation. The consequences of that hostile context are insidious and deadly.
The manifestations of that dangerous context exposed themselves again on the occasions when Mr. Bird sued to defend himself, the case filed against him by Monique Barua was withdrawn, and the BBC public apologized and paid compensation to Mr. Lester B Bird. An honest and reasonable bystander would assume that those occasions established that several of the allegations slung over Mr. Bird’s and Asot Michael’s neck like albatrosses were false. But that was not to be. The partisan and hostile media and serpent like “talk shows” drowned the occasions out and buried them under an avalanche of hate and misinformation.
[1] Leonnard Tim Hector and Asot Michael were later to reconcile their differences.
[2] At one time Asot and the Derricks were very close but appeared to have fallen out over a fight for duty free concessions.
[3] One letter was mistakenly dated 25th March 2005.
[4] The Office of Director of Public Prosecutions is a constitutionally protected office.
[5] With the exception of the Antigua Sun
[6] Until a few years before Mr. Hector’s death.
Hon. Asot Michael 