Prime Minister Ralph Gonsalves says that unlike public servants who are suspended pending the outcome of criminal charges against them, Ashelle Morgan can continue as a senator.
Morgan, a lawyer and senator for Gonsalves’ Unity Labour Party was, on Friday, arraigned on a charge of assault with intent to commit wounding.
She pleaded not guilty and was granted bail and is scheduled to return to court on July 5.
Karim Nelson, an assistant director of public prosecution, pleaded not guilty to wounding and unlawful discharge of a firearm, charges stemming from the same incident that led to Morgan being charged.
However, while Morgan has continued in her post since the April 13 incident, Nelson proceeded on vacation leave, and is likely to be suspended on half pay, pending the outcome of his trial.
On Sunday, Philbert “P John” John, one of the hosts of WE FM’s “Issue at Hand” noted to Gonsalves that public officers who are charged, particularly with criminal matters, are asked to proceed on leave or suspension, pending the trial.
“Does this apply for Ashelle Morgan and Nelson?” John asked the prime minister.
“No. No. No. Because if you look under the Constitution, there are several – you have a security of tenure, P. John, as a public servant and the constitution provides for special rules in respect of public servants for that very privilege you have security of tenure,” Gonsalves said.
“For instance, if you look at all your fundamental rights and freedoms, I don’t know if you have the Constitution there, you would see that there is always something qualifying that in relation to public servants. Have you noticed that?”
“No. No. No,” John responded.
The prime minister said he was going to get his “Volume 1”, an apparent reference to the Laws of St. Vincent and the Grenadines.
“And then, under that provision, particular regulations are made,” Gonsalves said.
“Ashelle Morgan is not a public servant in the way in which — she holds the office of senator but she doesn’t hold the office of… public office as a public servant,” the prime minister said of Morgan, who is also deputy speaker of the House of Assembly.
“Let’s look at some fundamental rights, if you have your copy [of the Constitution] there, let’s take – … take for instance, protection of assembly and association, section 11,” Gonsalves said.
“You know, 11(1) ‘Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association,’ then it goes on in sub-section 2, ‘Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision…’ (c) ‘that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society’.”
Gonsalves said: “The same thing with freedom of conscience; that is formulated a different way; freedom of expression, similar provision like the one there.
“Section 10, freedom of expression is like the same one, ‘Protection of freedom of assembly’. That is to say, imposing restrictions upon public officers that are reasonably required for the proper performance of their functions.
“‘Protection of freedom of movement’ — similar kind of restriction. And then, if you look, ‘Protection from discrimination on the grounds of race, etc.’, in relation to that one, ‘Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment.’”
Gonsalves said: “So you see, even there, so long as it is not discrimination based on issues of ‘sex, race, place of origin, political opinions, colour or creed)”, you can place certain requirements on any person who is appointed to or to act in any office or employment.’”
The prime minister said that in the constitution there are “many constitutional derogations from the absoluteness of the declaration of a freedom or a right and there are some specifically in relation to public servants…
“I just make those references, you will find others too.”
I thought he wasn’t going to get involved in a pending investigation?
Our PM is really twisting the laws this time. At what lengths will he go to to protect his “chosen” “untouchables”. It makes me so very sad that a Prime Minister can show so much disrespect for the country and people he is elected to govern.
The opposition is right to contact CARICOM, but sadly, they will do nothing. As long as any politician serves the “Greater System” No entity on Earth will lift a finger against them no matter what nastiness they may do. THAT IS HOW IT WORKS!
I wonder how many more public servants who have a criminal background are in the system?? It would be interesting to get the Statistics. It’s no wonder, vincentians have a stain everywhere they go….you cant decipher the wheat from the tares…..Amazing Grace…was blind but know I see.
The man think all his followers and non followers stupid. Wow. The man insulting all of you’ll intelligence
This report reminds my of the book Animal Farm where one of the rules were an animal should not kill another animal but that rule was changed to an animal should not kill another animal without cause. If I am wrong in this analogy someone please correct me
As a teacher I am completely confused by the response of the pm to p johns question. Kenton must have missed the final part of the pms sermon because I cannot find the answer.
come on people you/ we already know the outcome this is old news now if your face fit you will be equited simplessssssssssss about special circumstances and constitution and clauses within the constitution of the law Ok straight talk TEK BIG WORD And BAFFLE the Massesssss
PM talking alot of BS
Pure red herring… who’s hiding behind legality now? Or is it constitutionalism? No moral codes????!!!
Cut and dried dynasty protection.
This is amuzing, if she was a common citizen she would be charged as an accessory to the crime and arrested, this is double standard politics. Change the laws let St. Vincent and the grenadines institute their own laws. Let go of England’s hand. You’re independent.
National embarrassment , disgraced spineless and shameful l.? Immoral and incorrect behaviour?
Is it the same reasoning that you kept your position when you were accused of rape ?
Regardless of all the constitution and fundamental rights, as a principled and reputable individual, especially one who wishes to be a positive example within a society; one who truly believes that she acted credibly and is truly ‘not guilty as charged’. The most honest thing to do; on her own accord, is to demit office pending the hearing. Knowing with the confident she acquired in becoming a professional thus far, that she will walk out vindicated; holding her head up right. Ultimately; all that could be favorable to her future career, that which is my hope for her as a young aspiring woman.
Look at what happened when a young lady came out and said his son having a relationship with her,,they was saying she is crazy
What next RG? Maybe you can use the Bible to prove there is no God! Where have I heard such convoluted rubbish. Oh Yes…I heard it before …from you!. You are an expert at BS.
What a laughing stock this Island has become.
Never heard that the purpose of a Constitution is to protect the rights of the strong….the 1%…the favoured few…..like appointed Officials who are allegedly involved in criminal matters.
I always thought the constitution mainly existed to protect the right of Citizens….the ordinary man/woman ..the powerless…..especially against Government overreach. .
Why don’t you appoint her Governor General while you are at it.
I know : “Friday is too soft…..Friday is too soft.” The anthem/chant of a failed state!
“No one could have handled the volcano and Covid like RG”. The guy has totally mesmerized all of you!
I’m off to buy a Grenadian passport…ha ha
As a lawyer of 15 years plus, it hurts me deeply to see the law being used as is.
Disappointed in the PM and his legal ramblings is an understatement!
Well I guess all d 5 in a row people leave d island or dead yow dem so quiet wrong is wrong no exception
Children of the Corn you have reap what you have sown if there is an idiot in power, it means those who elected him are well represented.mr John wife and the unidentified man is the key to this situation until she tells her story then this situation will become much more entangle.
It is incredible how people schooled in law can find definitions to words and statutes that actually do not exist. Some laws are written in such a way to allow flexibility, SOME ARE NOT AND IN THIS INSTANCE IT IS NOT! Can we let a politician make a law flexible when such law is not written to be flexible? Things are twisted to such an extent that certain people are able to legalize any crime. Shouldn’t such people be put in jail or at least fined? Or should we instead concentrate on the judges that alow such lawyers and politicians to operate successfully in our society?
Here you have someone who is implicated in a very serious crime and the Prime Minister publicly protects this person. Where is the morality In Government. This is true machiavellian principles playing out in politics.
Every Vincentian whether you live at home or abroad should be worried about what is taking place in St. Vincent and the Grenadines. This is similar to the issue that led to the Coup d’état in Trinidad and Tobago in the 80s/90s. The climate is St. Vincent very contentious. People are angry and disappointed. This is a very very serious matter.
They are annoyed about the corruption and dishonesty in Government, economics hardship in the country, Governments practices of nepotism and political cronyism, and continued circumvention of the law orchestrated by the Prime Minister. Is there something wrong with the Prime Minister’s mental faculty?
How could such an intelligent and articulated politician make these types of statements and operate in this way?
I am appealing to the Catholic Priest in Kingstown and Reverend Adolph Davis to have a quiet word with the Prime Minister about his handling of this situation, and his general conduct and style of governance. What examples is he setting for future Vincentian leaders? Is he aware of the divisiveness of this matter among the Vincentian population?
The Constitution is never clear about court matters be it left it up to the court and good conscience
Does the PM has that in this case what about the DDP who is a public servant
There is NO DEMOCRACY in SVG….The Place is now being run by a REGIME!!!!
Vincentians need to wake up….This is serious!!!!
Is this another nollipros case ? Just asking.
This is not good governance at all the pm is being reckless,what example are you setting,supposed this bacfires on you.you never know what could happen,remember things are not like longtime that you can do things to someone and believe that you can get away just like that.these people of interest are in the spotlight how they will function in a small country when everybody knows what they did,if they belive in god they must do what is right.
I am embarrassed by the explanations of learned counsel on this matter.